KARIM BIBI AND BARKAT BIBI Vs. STATE

JUDGEMENT

(1.) THE two petitioners have come up before this court and have challenged order issued by respondent No. 2 dated: 30 -3 -1982 whereby they have been retired with effect from 31 -3 -1982 on completion of 55 years of age. Before coming to the grounds of challenge, it is necessary to state the facts pleaded before this court by the parties

(2.) THE petitioners case is that they were appointed as sweepers. The date of appointment in respect of petitioner No. 1 is given as 17 -8 -2005 BK which corresponds to 1948 A. D. and the date of appointment of petitioner No. 2 is given as 23 -8 -206 BK which correspondings to 1949 A. D. The petitioners date of Birth is 17 -3 -1927 which is a sheer coincidence. It is further averred that according to Government circular No. 12 -E of 1978 dated: 19 -6 -1978. copy whereof is on the record, the Government servants who were in service on 18 -10 -1966 and treated as inferior as per schedule -II will retire on attaining the age of 60 years and other inferior Government servants who were appointed after 11 -12 -1966 shall retire after attaining the age of 55 years Schedule -II mentioned in this circular has a reference to schedule -II mentioned in this circular has a reference to schedule -II of Jammu and Kashmir civil service regulation Vol. 1. The petitioners claim that since they were appointed before 10 -10 -1966 as inferior government servants belonging to category IV, therefore, they are to be retired on completion of 60 years of age. Having regard to their date of birth, the petitioners contend, that they will retire on 31 -3 -1987. They challenge the retirement order as being violative of their fundamental rights writ of mandamus is sought against the respondents directing them to include the post of Safai -wallas in schedule - II of the Jammu and Kashmir civil Service Regulations as inferior government servants.

(3.) ON behalf of the respondents objections supported by an affidavit have been filed by respondents No. 2 It is admitted there in that the petitioners had joined Government service as sweepers on 17 -8 -2005 BK and 23 -8 -2006 BK respectively. Their dates of birth also is admitted. It is however, controverted by the respondents that the petitioners are entitled to be retired on completion of 60 years. It is further contended by the respondents that the grade of sweepers with effect from 1 -1 -1982 is 345 -435 and the petitioners are superior employees, therefore they cannot retired on attaining the age of 60 years. Copy of the letter from Administrative Officer associated Hospitals, Medical College, Jammu to the under secretary to Government, Health Family Welfare and Medical Education Deptt, is also on the file. This letter reveals that a request was made to the government for classifying class -IV posts.