RAJINDER SINGH RANA Vs. GOVT OF J&K

JUDGEMENT

(1.) PETITIONER has challenged the validity of Govt. Order No. 300 -GR of 1986 dated 25 -4 -1986 retiring petitioner compulsorily under Rule 226 (2) of the Jammu and Kashmir Civil Service Regulations, hereinafter referred to as CSR - The aforesaid Govt. order is termed by the petitioner as malafide, arbitrary, discriminatory and denying to the petitioner equal protection of laws and violative of the provisions of the Constitution and rules regulating his conditions of service. The said order is challenged as being violative of Articles 14 and 16 of the Constitution.

(2.) BEFORE adverting to the legal aspect of the case, it is necessary to give the facts in brief

(3.) PETITIONER has stated that after having obtained a degree in Engineering, he joined the Engineering service of the State in 1954. According to him, he has worked efficiently and was possessed of integrity and devotion to duty which enabled him to rise to the rank of Chief Engineer in 1977 in the Department of. Roads and Buildings. He claims to have unblemished record throughout his service. On account of his merit, integrity and efficiency, the Governor of the Jammu and Kashmir State on 26 -1 -1985 is said to have awarded a gold medal to the petitioner and certificate of merit with the gold medal. The petitioner has annexed photostat copy of Gold medal as also the certificate of Merit which was given to him in recognition of the efficiency and devotion shown by the petitioner in the discharge of his duties. The said certificate is purportedly signed by the Chief Minister and the Chief Secretary of the State. Photostat copy showing the ceremony of awarding of gold medal to the petitioner is also, annexed with the petition. The petitioner has annexed the photostat copy of the reported citation which had appeared in the press indicating that he was commended for his ; work as Chief Engineer and had earned the award for his integrity, honesty and hard work. No adverse remark was ever recorded in his service book or communicated to him. He claims to have been acknowledged by the authorities as a technocrat of country wide repute. He is said to be connected with certain organizations which are incharge of the development work. He has worked as administrator and of Jammu Municipality. According to him, he was given this assignment on public demand. Petitioner is Said to have been recommended for promotion and induction into IAS in the year 1983 and in December, 1985. State Government is said to have made a recommendation in his favour to the Public Service Commission on the basis of his service record which the petitioner claims to be brilliant. Petitioner is said to have been informed by the State Government to be available in Delhi on 23/24th December for appearing before the Union Public Service Commission. This matter was subsequently postponed and the petitioner could not be interviewed on the dates on which he was asked to remain in Delhi. On 5 -3 -1986 State is said to have been brought under the spell of Governors rule and two officers from India were appointed as Advisors to the Governor. These are named in the petition as Shri Naresh Chander IAS and J.M. Qureshi, I.P.S.