MOHD IBRAHIM KHAN Vs. STATE

JUDGEMENT

(1.) THE petitioner was appointed as a Laboratory bearer in Government College Anantnag on 2.11.1955. His date of birth in his service bookstands recorded as 9.9.1934. Later on he was allowed to work as a gasman w.e.f. 1.7.1966, and an entry accordingly made in his service book. The grade of laboratory bearer and gasman was same when he entered into Government service and even thereafter. However later on the grade of gasman was raised. According to the petitioner he always worked as a Laboratory bearer though in his service book his designation came to be changed as gasman. The case of the petitioner is that he belongs to inferior service and therefore in terms of Art.266 (1) of the Jammu and Kashmir C.S.R, he will attain the age of superannuation at the age of 60 years. He is sought to be retired at the age of 58 years, as allegedly, the gasman falls in the category of superior service.

(2.) THE respondents have filed the counter stating therein that the petitioner was initially appointed as the Laboratory bearer but subsequently w.e.f. 1.7.1966 up -graded as gasman. According to them the gasman falls in the category of superior service and therefore the petitioner has to retire on attaining the age of 58 years. He is not entitled to the benefit of Article 266 (1) of the C.S.R. with regard to age of retirement.

(3.) I have heard the learned counsel for the parties. As agreed to by them, this petition is disposed of at its admission stage itself. I have gone through the file also.