KHAWJA MOHD QASIM Vs. HIGH COURT OF J&K

JUDGEMENT

(1.) PETITIONER , Mohd. Qasim, a member of State Judicial Service, came to be appointed by promotion as District Judge in the year 1997. On attaining the age of 58 years he has been retired on superannuation pension by the High Court of Jammu & Kashmir (respondent no. 1) w.e.f. 31.10.2002 vide Order No.527 dated: 23.10.2002. His case for extension in service upto the age of 60 years was considered in terms of the Apex Court Judgment in All India Judges Association case (AIR 1992 SC 165) but the same was rejected as it has been found that he had no potential for continued useful service.

(2.) PETITIONER is aggrieved of the order (Order No. 527 dated 23.10.2002) and has challenged it on various grounds inter -alia that the order of retirement is not in accordance with law therefore, not maintainable. The petitioner has stated that the order of retirement was required to be issued by the Governor, the Registrar General, who has issued the order has no competence to do so; the decision taken to retire him is not in terms of observations made by the Apex Court in Registrar High Court of Madras v. R. Rajah AIR 1988 SC 1388 and that the respondents have not properly assessed his merit while directing his retirement. The petitioner, therefore, prays for quashment of Order No. 527 dated 23.10.2002 and seeks a writ of mandamus commanding the respondents not to retire him but allow him to continue in service till he attains the age of 60 years.

(3.) MR . R.A. Jan, learned counsel for the petitioner states that since during the pendency of this petition, the petitioner attained age of 60 years so the present petition may be considered only for release of service benefits to the petitioner which he would have got had he been retained in service upto the age of 60 years.