HC quashes compulsory retirement order of 21 including CE and Ors

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Jammu Tawi, December 22
In a big jolt to State in deadwood case, today Justice Alok Aradhe of J&K High Court quashed 21 order of State Govt regarding compulsory retirement in which engineers, CAPD employee, Revenue Employee, KAS Officer and education department.
Today 25 petitions were listed and 21 were heard in length and decided and quashed the Govt order regarding compulsory retirement order of the employees.
With the quashment of 21 orders today, Justice Alok Aradhe has decided 27 petitions in two days and quashed all the Govt order. Justice Alok Aradhe today quashed the compulsory retirement of Kishore Kumar Gupta I/C Chief Engineer Chenab Valley Power Project, Babu Ram KAS at that time posted as Additional Secretary Social Welfare Department, Ravi Kumar Executive Officer, Baj Singh I/c Naib Tehsildar, Sher Singh Naib Tehsildar, Gain Chand Naib Tehsildar, Taraq Hussain Ganaie Tehsil Supply Officer, Syed Ikhlaq Hussain Assistant Executive Engineer, Ghulam Hassan Kamal Police Inspector, Gh. Mohi-ud-Din Storekeeper, Girdhari Lal XEN, Fida Hussain Naib Tehsildar, TP Singh TSO, Shabir Ahmed TSO, Mohd Bashir Tehsildar, Farid Ahmed Tak AEE, Sher Mohammad Khan XEN, Krishan Lal Patwari, Mumtaz Hussain Senior Assistant Education Dept, Romesh CHander Junior Assistant in Custodian General and Kurshid Ahmed Junior Engineer.
Justice Alok Aradhe of J&K High Court after hearing battery of lawyers appearing for the petitioner whereas Sr. AAG Seema Shekhar appearing for the state, quashed the order of compulsory retirement and directed state to reinstate the petitioners and award all consequential benefits, within a period of one month from today. While quashing the Govt order regarding compulsory retirement, Justice Alok Aradhe observed that all other relevant factors which are mentioned even in the Norms have not been followed in the instant case. Besides that it is well settled law that if the statute prescribes to do certain thing in a certain way, that thing must be done in that way or not at all. Senior Additional Advocate General are of no assistance to her as in the case of Dinesh Chander Sangma , the Supreme Court was dealing with the case where the employee had sought the voluntary retirement and the government refused to accept the application of the employee for seeking voluntary retirement. In the aforesaid context, the observations with regard to Doctrine of Pleasure as contained in Article 310 of the Constitution of India were made which do not apply to the fact situation of the case. Besides that it is well settled law that if the statute prescribes to do certain thing in a certain way, that thing must be done in that way or not at all. Similarly the decision relied upon by Senior Additional Advocate General in case of Posts and Telegraphs Board and others has no application to the fact situation of the case as in the aforesaid case, conclusion to compulsory retire an employee in public interest was based on two adverse APRs. It is pertinent to reiterate that in the instant case, the APRs have not been taken into consideration at all. Therefore, the aforesaid decision is also of no assistance of the petitioner. Similarly, the decision in the case of Rajasthan State Road Transport Corp. and others is an authority for the proposition that the decision to compulsory retire an employee has to be arrived at after considering the entire service record of an employee and ‘Washed Off theory’ relating to adverse entries does not apply to compulsory retirement. The aforesaid decision has also no application to the obtaining factual matrix of the case. Similarly, the decision in the case of Jugal Chander Saikia does not apply to the fact situation of the case as in the aforesaid case, decision to compulsory retire an employee was taken on the recommendations of screening committee which took into account the entire records including the report of one man committee constituted to enquire into a scandal in which the appellant in the aforesaid case is involved. In the instant case, the decision therefore does not apply to the obtaining factual matrix of the case. With these observations, Justice Alok Aradhe allowed the petitions and quashed the order with the direction to state to reinstate the petitioners in service with all consequential benefits within one month from today. JNF

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