NIRMAL SINGH Vs. STATE OF J AND K

JUDGEMENT

(1.) THE petitioner was initially appointed as Khidmatgar on 12th October, 1964 in the Health Department. The petitioner was latter on designated as Dental Boy in the pay scale of Rs. 775 -1025 vide order No. Estt/IV/1997 -2010 dated 20th May, 1974. The date of birth of the petitioner is 20th March, 1943. The petitioner has to retire at the age of 60 years. The petitioner continued in service beyond 58 years of age. The petitioner has not been paid the salary from April, 2001 in terms of the communication addressed by respondent No. 5 to respondent No. 4 bearing No. Est -III/1753 dated 15th June, 2001 with the information that the petitioner was to retire at the age of 58 years. The respondents allowed similarly placed employees, namely, Habib -Ullah Wani and Ghulam Hassan Shah to continue in the service up to the age of 60 years and paid all the benefits to the said employee. Thus there is no justification in denying the same treatment to the petitioner.

(2.) HEARD . Considered. In identical writ petitions No. 300/1986 and 1309/99 the point which arose for consideration was, whether a Dental Boy falls withing the same clause and category as are included in the Schedule to Civil Service Regulations as inferior service. It is pertinent to mention, herein, that in both the said petitions, the petitioners were initially appointed as Chowkidar and latter on were designated as Dental Boys.

(3.) IN Habib Ullah Wani v. State and Ors. SWP No. 1399/1999 this Court observed as under: I find myself in complete agreement with learned brother, Justice S.M. Rizvi on this point and hold that the petitioner who belonged to the inferior category of the employees is entitled to the benefit of Schedule II of the Civil Service Regulations which provides that such type of employees shall retire/superannuate at the age of 60 years. The Accountant General has to be informed that the benefit of the Schedule II of the CSR has to go to the petitioner who is entitled to that benefit under the Rules. Having held as above that the petitioner was to superannuate at the age of 60 years, direction shall therefore, go to the respondents to speed up the settlement of the post -retiremental benefits, including pension in favour of the petitioner. The necessary assessment, calculation and payment order shall be made within a period of three months from the date, copy of this order is delivered under proper receipt to respondent No. 4.