G M WAFAI Vs. STATE

JUDGEMENT

(1.) THE controversy in this writ petition lies in a very narrow compass as to the nature of the extended service of the petitioner. The petitioner was a civil servant of the State of J&K having joined such service (n 13 -9 -1954, with his date of birth as 29 -6 -1931. Under the unamended J and K civil service Regulations, hereinafter referred to as Regulations, the age of superannuation of civil servants was fixed at 55 years. The petitioner was due to be retired on 30 -6 -1986 after completing 55 years of age. On 17 -6 -1986 the state extended his service by six months, well before the date of his retirement. Vide Govt. order No. 2 -PS of 1987 dated 16 -1 -1987, he was granted another extension in his service for further six months, with effect from the expiry of his last extension. In the meanwhile, Art. 226 (1) of the J&K civil services Regulations came to be amended vide SRO No. 10 of 1987 providing that a Govt. servant in service on l -l -1987 or appointed on or after that date shall retire on his attaining the age of 58 years

(2.) THE petitioner made representations to the respondents that he was entitled to the benefit of SBO 10 of 1987, he having been very much in active service on 1 -1 -1987, and therefore he would retire on attaining the age of 58 years. The respondents did not favourably consider his representation and according to them he was not entitled to the benefit of the said SEO. Hence the writ petition.

(3.) IN the counter, the pith and substance of the case put -forth by the respondents, is that the first extension granted to the petitioner for six months had expired on 31 -12 -1986. The SRO 10 of 1987 came with into force on 1 -1 -1987 when the petitioner was no more in service. The second extension for another six months was granted to him on 16 -1 -1987, end therefore for the period from 1 -1 -1987 to 16 -1 -1987, he was not in service and therefore not entitled to the benefit of the SEO.