Excelsior Correspondent
SRINAGAR, Apr 24: Jammu and Kashmir High Court has quashed compulsory retirement of an employee who was declared as deadwood by the Government and observed that it is a political gimmick.
While quashing the General Administration Department’s order (dated 30.6.2015) where about 63 employees including some KAS officers and Chief Engineers were declared as ‘deadwood’ and retired from the services under article 226(2) of Civil Services Regulations 1956, Court said the record pertains to the case shows the approach adopted by the Government is a political gimmick.
“The record, on the other hand, speaks of a glaring mechanical approach adopted by the committee and may be by reason of a machination and a political gimmick”, Justice Ali Mohammad Magrey said and directed the authorities to reinstate the petitioner in to services.
“In light of the above, the impugned order no.901-GAD of 2015 dated 30.6.15 cannot be said to be an order having been passed in public interest. It therefore, cannot be sustained. It is accordingly quashed. Resultantly, the petitioner shall be reinstated in service. He shall be entitled to all service benefits during the intervening period which would have accrued to him in normal course, but for the impugned order”, reads the judgment.
High Court has quashed about 35 such orders of the Government and held that these orders are not tenable in the eyes of law as provisions of law have not been followed while passing such orders which are without application of mind.
Abdul Majid Wani who was working in revenue department was compulsorily retired from his services on June 2015 by the Government in exercise of its powers conferred by article 226(2)of J&K CSR with the information that he has already rendered 22 years of service and shall retire from service with effect from July 1.
Justice Magrey while setting aside his retirement order said: “It is well settled by law that an order of compulsory retirement is neither to be passed by way of, nor constitutes, a punishment on the Government servant. It is also settled that for purposes of assuming the subjective satisfaction to invoke the power to compulsorily retire a Government servant, the entire service record of the employee has to be considered.”
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