A R RAHI (PROF ) Vs. STATE OF J&K

JUDGEMENT

(1.) THE original Writ Petition No. 902/96 was filed on 25 -6 -1996. The same was for grant of a Writ in the form of Mandamus, directing the respondents to allow the petitioner to continue in service till he attains the age of 60 years. In addition to this, a further prayer for grant of Writ of Prohibition was also made, whereby, respondents were sought to be restrained from superannuating the petitioner at the age of 50 years. The petitioner is a College Teacher and the question raised through the medium of this writ petition is as to at what age shall be retire? At 60 years of 58 years?

(2.) THE Petition came up before the court On 28 -6 -1996. On that date, this Court passed the following order: - "Issue notice. issue notice in CMP also. At this stage Mr. S. Shukla, present in the court appears and accepts notice for the respondents. Copy of petition furnished to him in the open court. Objections be filed till next date. This case of the petitioner is that he is a College Teacher and as such governed by the U.G.C -.norms for purposes of age of superannuation. This claims he makes on the basis of Government Order No. 167 -HM of 1988 dated 20 -4 -1988.1 direct this case be listed in the week following next week leaving the parties free to make a mention on the next date of hearing. Till then, the petitioner shall be allowed to continue at his own risk and responsibility."

(3.) THE matter was not listed in accordance with the schedule laid down by the court order dated 28 -6 -1996, not did the court work with the same enthusiasm with which the initial order liked it to. However, on 27 -7 -1997 when this case was listed, Mr. M.I. Qadiri, Sr. AAG, referred to a judgment returned by a Single Bench of this Court, (Honble Shri V.K. Gupta, J, as his Lordship then was) in SWP No. 498/91, titled Y.N. Gupta & Ors Vs. State and others (Reported in Kashmir Law Journal 1991 page 611). Therefore, on that date this court passed a straight jacketed order calling upon the parties to appear and argue the case by the next date positively. The matter was subsequently heard at length on 1 -8 -1997 and