PARMANAND Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is an application for an appropriate writ for quashing an order of premature retirement passed by the opposite party on 10 -2 -1950. There is also a prayer for declaring that the petitioner is entitled to a pension of Rs. 450/ - P.M. and for a direction accordingly.

(2.) THE petitioner retired as Accountant General of the State of Jammu and Kashmir and was employed on the 1st of September. 1919. After having worked in various capacities he was appointed as Accountant General in April 1944 and by Cabinet Order No. 159 -C dated 10 -2 -1950 sanction was accorded to the premature retirement of the petitioner. By an order dated 1 -12 -50 Rs. 400/ - P.M. was sanctioned as pension awarded to the petitioner.

(3.) MR . Sunder Lal appearing for the petitioner has conceded that as the order of premature retirement was passed prior to the coming into effect o State Constitution as also of the Constitution Application to Jammu and Kashmir Order, 1954 the petitioner cannot seek a remedy by way of writ for quashing the order of premature retirement. In this view of the matter he has not pressed this point beore us.