Excelsior Correspondent
JAMMU, Feb 20: A Full Bench of the State High Court comprising Chief Justice N Paul Vasanthakumar, Justice Dhiraj Singh Thakur and Justice Bansi Lal Bhat today decided 15 years old petition and held as legal the order of retiring the Judicial Officer at the age of 58 years with effect from 31.03.1996 without the order of the Governor.
The appeal was preferred against the order of the Single Judge wherein Jankar Singh Cheema questioned his retirement on completion of 58 years of age as Additional District & Sessions Judge, Reasi with effect from 31.03.1996 passed by the Registrar General dated 02.03.1996.
The Writ Court allowed the writ petition by order dated 17.05.2001 with directions to request the Governor of the State to pass formal order of retirement of the writ petitioner and also held writ petitioner entitled to salary, allowances and all other consequential benefits.
However, Registrar General of the High filed appeal against the judgment of the Writ Court.
During the course of argument, Senior Advocate A V Gupta appearing for the High Court argued that order of the Governor is not required when a Judicial Officer is retired at the age of 58 years after the resolution is passed by the Full Court.
Full Bench observed, “on perusal of the amended Civil Service Regulations it is clear that a Judicial Officer will retire on attaining the age of 60 years subject to the provisions of Sub Clause 2 which states that High Court shall assess and evaluate the record of the Judicial Officer for his continued utility before he attains the age of 58 years by following the procedure for compulsory retirement under the Service Rules. The procedure to be followed for compulsory retirement means their performance appraisal as stated in the judgment”.
“It is to be noted that if an officer is to retire on compulsory retirement other than punishment based on performance appraisal the same will not attract any stigma and it is otherwise called graceful exit at the age of 58 years”, the Full Bench said, adding “a similar issue arose before the Supreme Court in the case titled Bishwanath Prasad Singh Versus State of Bihar. In this case also the challenge was made on the ground that appellant ought not to have been retired at the age of 58 years by the Patna High Court except by following procedures of compulsory retirement”.
The Supreme Court in the decision held that the issue with reference to the All India Judges case as well as the amendment issued in some of the States incorporating the age of retirement as 60 years was with a rider that continuance beyond 58 years would be subject to assessment made by the High Court and the availability of benefit of continuance up to the age of 60 years is dependent upon the evaluation undertaken by the High Court and the individual Judicial Officer must satisfy the test of continued utility in the judicial system in the opinion of the High Court.
Full Bench further observed, “in this case, the performance of the respondent from the date of appointment till his age of 58 years was assessed based on ACR recordings, which was properly considered by the Committee of Judges headed by Chief Justice and was also approved by the Full Court”.
With these observations, Full Bench set-aside the judgment of Writ Court and held that order of retiring the respondent at the age of 58 years with effect from 31.03.1996 without the order of the Governor is legal.
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