GH QADIR BHAT Vs. DIRECTOR RADIO KASHMIR

JUDGEMENT

(1.) PETITIONER was a staff artist (Instumentalist) in Radio Kashmir Srinagar and was ordered compulsorily to retire at the age of 55 years under Fundamental Rule 56(J), by order dated 29.11.1989 passed by respondent No.2. He assails this order on the plea that the relevant Fundamental Rule was not applicable to him as he was not holding any permanent or regular post and because he was a contractual employee.

(2.) IN their reply respondents have admitted that petitioner was a staff artist on a long term contract basis and that he was not a permanent employee of the Radio Kashmir, Srinagar. It is however pointed out that respondent No.2 was competent to retire him from service in the public interest by putting him on notice of three months or by paying him the pay and allowance in lieu thereof under F.R. 56(J).

(3.) PETITIONER has also filed a rejoinder to the respondents reply taking the stand that once he was not a permanent employee of the Radio Kashmir as conceded by respondents and not holding a civil post, than F.R. 56(J) was not attracted rendering the order impugned without jurisdiction at the fact of it. Petitioners counsel, Mr. Sadiq has placed reliance on a Supreme Court judgment in 1980(1} SLR 847 and 1985(2) Service Law Journal 369.