NETAR SINGH Vs. STATE AND OTHERS

JUDGEMENT

(1.) Petitioner came to be appointed as Bearer-cum-Chowkidar vide order No. DLA/904/L-91/66 dated 13th May 1966 in the department of libraries. He was superannuated on 31.8.2004 at the ae of 58 years. Grievance of the petitioner is the under Article 226 of the J&K Civil Services Regulations, an employee, who was appointed on the inferior post prior to 10.10.1966, is entitled to be retired on attaining the age of 60 years. It is stated that the petitioner was holding he post of Bearer-cum-Chowkidar, and the said post is mentioned as Inferior Post in Schedule-II of the J&K Civil Service Regulations Volume II at entry No. 59 and therefore, he was entitled to be superannuated on attaining age of 60 years whereas the respondents retired him at the age of 58 years, which is illegal and contrary to the provisions of Article aforementioned.

(2.) In the counter affidavit, the respondents have admitted the factual averments made in the writ petition but they have pleaded that the petitioner never discharged the duty of Chowkidar during his entire service period as per service record and retired as Library Bearer.

(3.) I have heard learned counsel for the parties and perused the record.