WASEEM JAN Vs. STATE OF J&K

JUDGEMENT

(1.) THE matter is taken up for disposal taking in regard the nature of controversy involved.

(2.) PETITIONERS father was appointed village Level Worker (VLW) on 5.10.1961. He is said to have taken ill and proceeded on leave on 1.8.1977. It is also claimed that he reportedly sought extension in that leave supported by medical documents. But, instead of sanctioning leave in his favour, he was placed under suspension by order dated 7.9.1977. While he was under suspension and was being paid subsistence allowance, respondent No.2 passed order dated 6.6.1989 compulsorily retiring him from service by reference to Article 215 of the J&K Civil Service Regulations (CSR) and by granting him invalid pension. He died meanwhile on 19.11.1991 and the petitioner filed this petition in 1992 seeking quashment of this order primarily on the ground that it was violative of the requirements of Articles 215 & 216 CSR and was otherwise patently invalid because deceased -VLW could not be retired compulsorily from 1 -8 -1977 by the impugned order passed twelve years later on 6.6.1989.

(3.) AT one stage this court directed respondent No.2 to release the arrears of salary of the deceased VLW from 1 -8 -1977 to 20 -11 -1991 (the date of his death) but this direction was also observed in breach leading to the filing of contempt petition No. 56/93 in which statement of facts stands filed by the respondents taking the stand that since petitioners father was retired on invalid pension from 1 -8 -1977 and as this order was subject matter of adjudication, the petitioner could not be given arrears of salary for the relevant period.