D N DHAR Vs. STATE OF J&K

JUDGEMENT

(1.) THIRTEEN writ petitions have been filed by Government officers in this Court under section 103 of the Constitution of Jammu and Kashmir praying that an appropriate writ be issued quashing the orders of the respondent, Government Order No. 312 -C of 1963 and Government Order No. 313 -C of 1963, dated 27ch November, 1963 published in the Jammu and Kashmir Government Gazette of 5th December and the Sadar -i -Riyasats Order No. SR 37 of 1963 dated 27th November, 1963 as being illegal, void, ineffective, inoperative and ultra vires and that the petitioners be held as continuing to hold their respective posts and offices which they held prior to the passing of the impugned orders. These thirteen petitions are No. 54 of 1964 filed by 22 officers who were holding different posts in different departments mentioned in their petitions, No. 59 of 1964 by Syed Shah. Tehsil Education Officer, No. 61 of 1964 by seven officers, No. 63 of 1964 by J. N Zutshi, S. P. (A. I. G.) Central Police Office, No. 71 of 1964 by 12 officers of different Departments, No. 72 of 1964 by Chandra Udey Singh, Special Officer Twaza Department, No. 73 of 1964 by Shri Pran Nath Malhotra, Superintendent Fire Brigade and N. N. Kaul, D. F. O.( No. 77 of 1964 by R. L. Nagpal, Secretary Legislative Council, No. 78 of 1964 by 7 officers, among whom there are two officers, namely, D. N. Kaul, Joint Director Sheep Breeding and A. Azeez who after having attained the age of superannuation had been granted extension in service, No. 79 of 1964 by Bashir Ahmed Taj, tfo. 82 of 1964 by Mahadev Kaul, Forest Ranger, No. 93 of 1964 by three officers. Ghulam Qadir and others, No. 81 of 1964 by T. N. Raina, Deputy Director Industries and Ghulam Mohd Sheikh, Labour Officer, who were alleged to be holding their posts temporarily.

(2.) THESE petitions raise a common question of law in regard to the constitutional validity of Article 226 and Rules 5 (i) of Sch IX of the Jammu and Kashmir Civil Service Regulations (hereafter called K. C. S. R.) and shall be disposed of by this order.

(3.) IT will be convenient to place these 13 petitions in three groups. The first group consists of permanent Government servants in different departments whose services have been terminated under the impugned rule. The other group consists of 2 officers, namely A. Azeez, Superintendent of Police and D. N Kaul, Joint Director Sheep Breeding who had attained the age of superannuation and had been granted extension in their service. The third group consists of officers who were holding posts temporarily, namely, T. N. Raina, Deputy Director Industries and Ghulam Mohd Sheikh, Labour Officer.