Excelsior Correspondent
JAMMU, Dec 15: Chief Justice has the powers to retain any employee of the High Court after retirement without any administrative approval.
This has been stated by Justice Mansoor Ahmed Mir in an order passed in a petition filed by Abdul Hamid Khan, Joint Registrar of State High Court.
Following the superannuation of petitioner on January 31, 2009 on attaining the age of 58 years, the Chief Justice in exercise of powers under Rule 11 of the J&K High Court Staff (Conditions of Service) Rules, 1968 read with Article 226(1) of the Jammu and Kashmir Civil Service Regulations, ordered retention of the petitioner in the service up to the age of 60 years.
Accordingly, his date of retirement was extended by two years. The petitioner ultimately retired on attaining the age of 60 years on January 31, 2011. Senior Accounts Officer (PNR) of the Accountant General on June 16, 2011 addressed a communication to Registrar General of High Court mentioning that retired Joint Registrar has been extended the benefit of two advance increments without the approval of Administrative Department which may either be obtained or the excess pay and allowances drawn on this account worked out and intimated to this office for effecting recovery.
The petitioner challenged the communication dated June 16, 2011 of Senior Accounts Officer and the action of AG Office in not honouring the orders passed by the Chief Justice.
After hearing both the sides, Justice Mansoor Ahmad Mir held that the orders passed by Chief Justice in terms of the provisions of Jammu and Kashmir Civil Service Regulations read with the provisions of Jammu and Kashmir High Court Staff (Conditions of Service) Rules, 1968 do not require any administrative approval from the executive. “In terms of the mandate of Rule 13 of the J&K High Court Staff (Conditions of Service) Rules, 1968, it is the Chief Justice alone who is competent to exercise the powers contemplated by the Rules and orders applicable to Government servants with respect to the members of the staff borne on the cadre of the High Court”.
With these observations, Justice Mansoor Ahmed Mir quashed communication dated June 16, 2011 and petitioner was held entitled for retiral benefits, which have already been released in favour of the petitioner in pursuance to the interim directions.
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