KAMAL MAHENDRU Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Challenge is to order (Annexure-A) dated 30.06.2015 issued by respondent Nos. 1 and 2 in exercise of powers conferred by Article-226(2) of the Jammu and Kashmir Civil Service Regulations (hereinafter referred to as the Regulations) retiring the petitioner as Additional Provident Fund Commissioner, Divisional Provident Fund Office, Jammu in public interest with effect from forenoon 01.07.2015 on his having rendered 22 years of service, by giving him 3 months pay and allowance in lieu of 3 months' notice.

(2.) Impugned order of premature retirement has been challenged inter alia on the ground of the same not being in public interest but on extraneous considerations/for collateral purpose on the basis of the following facts:

(3.) Impugned order has also been challenged on the ground that it has been issued by the Government in the General Administrative Department without approval of the appointing authority i.e. Board of Trustees of the Jammu and Kashmir Employees Provident Fund Organization since the petitioner was appointed as Assistant Commissioner in the J and K Employees Provident Fund Organisation on temporary basis in the pay scale of Rs. 875-1400 on 10.07.1987-Annexure-D and his appointment as such was regularized vide Order-Annexure-D dated 13.08.1987 by the Provident Fund Commissioner pursuant to the decision of the Board of Trustees in its 50th meeting held on 17.07.1987.