J.S. MODI Vs. STATE

JUDGEMENT

(1.) HEARD the learned counsel for the parties. Petition is admitted to hearing and taken up for final disposal on the consensus of the learned counsel for the parties.

(2.) PETITIONER was the Member of Kashmir Administrative Service and was placed in selection grade. In the year 2002. Vide Government order No. 793 -GAD of 2002 dated 27 -4 -2002 petitioner came to be transferred and posted as Member, Jammu and Kashmir Service Selection Board, Jammu. He was ordered to be retired from the said post on attaining the age of superannuation i.e. 58 years as a Member of Kashmir Administrative Service. Petitioner on being retired from service was made to relinquish the office as a Member of J&K; Services Selection Board. He has invoked the writ jurisdiction of this Court seeking answer to following questions formulated in the petition and consequently the reliefs claimed in the writ petition that include his continuation as Member of J&K; Services Selection Board and the arrears of salary w.e.f. 1 -8 -2002 till May, 2004: -

(3.) THE short question involved in the writ petition is whether the petitioner has a right to continue as Member of J&K; Civil Services Recruitment Board, for the tenure prescribed under rules irrespective of his superannuation as a Government employee.