HARDEV SHARMA Vs. GOVT OF J&K

JUDGEMENT

(1.) VALIDITY of Government Order No. 948 GR of 1986 dated 31. 7. 1986 retiring the petitioner compulsorily under Rule 226 (2) of the Jammu & Kashmir Civil Services Regulations is challenged in this petition. The said order is said to be unconstitutional besides being malafide, arbitrary and discriminatory. The order is challenged also as being violative of Articles 14 and 16 of the Constitution as also repugnant to Section 126 of the Constitution of Jammu & Kashmir.

(2.) THE facts as stated by the petitioner lie in brief compass; Petitioner is said to have joined the services as Forest Ranger in the State of Jammu & Kashmir on 1 -5 -1955. He was subsequently promoted as Assistant Conservator with effect from 13 -12 -1277 on 5 -6 -1979 by a Government Order: Thereafter, petitioner was promoted as Deputy Conservator of Forest in the year 1984 on the recommendations of the State Public Service Commission. He is said to have had unblemished record though out his service career. In para 9 of the petition, petitioner has given details of his service particulars - During his service -career petitioners job was commended by the Forest Minister and his work which, he claims to have been performed efficiently, honestly and with dedication, was appreciated by the authorities. Various authorities, Press and the Governor has appreciated his work from time to time.

(3.) ON 5th March, 1986, consequent upon the constitutional breakdown of the State administration, Governors rule was promulgated. As a result of promulgation of Governors rule, S/Shri Naresh Chandra and J. M. Qureshi are said to have been appointed as Advisors to the Governor. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦.