HIGH COURT OF J&K Vs. KHWAJA MOHD QASIM

JUDGEMENT

(1.) Khwaja Mohamad Qasim a member of J&K Higher Judicial Service re spondent No. 1 herein, was vide High Court Order No. 527 of 23rd October, 2002 denied benefit of extension in age of retirement up to 60 years and retired on superannuation on his attaining age of 58 years.

(2.) Aggrieved with the order No. 527 dated 23rd, October 2002, respondent No. I/writ petitioner, questioned it through medium of a writ petition registered as SWP No. 1315/2002. The case set up in the writ petition was that the order of retirement was not in accordance with law, in as much as it was issued by the Registrar General, and not by the Governor as required under Rules, and was also in conflict with the observations made by the Supreme Court in Registrar of High Court of Madras v. R. Rajah, 1988 AIR(SC) 1388. It was next contended that the appellant did not properly assess the merit of respondent No. I/writ petitioner, while according consideration to his case for extension in service up to the age of 60 years.

(3.) Though the respondent No. I/writ petitioner, at the time of filing the writ petition sought a writ of mandamus commanding the present appellant to allow him to continue in service up to the age of 60 years, yet the relief was later restricted to release of service benefits to the respondent No. 1/writ petitioner that he would have otherwise received had he been retained in service up to the age of 60 years.