SYED HUSSAIN Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner was appointed as a Khidmatgar in the S. M. H. S. Hospital, Srinagar, on 2 -7 -1956. Lateran, he was appointed as a dental boy on 30 -8 -1965 in the grade of Rs.65 -1 -80 (revised Rs. 390 -475) and continued as such till he was retired by the order impugned in the writ petition. His date of birth was recorded as 15 -3 -1986 (Svt.) corresponding to 29 -6 -1929. It is contended by the writ petitioner that he is an inferior servant of the state and having joined service before 18 -10 -1966, he is entitled to be superannuated only after completion of 60 years of age in terms of Article 226 of the J&K C S. R. (here -in -after referred to as Regulations). He was, however, retired by the respondent No:2 before attaining the said age against the mandate of the said rule. According to him, the respondents have allowed X -ray boys and theatre boys working in the same grade to complete 60 years of age and he only has been discriminated against in this regard. He has given a list (Annexure 5) of such persons who were similarly situated with him in all respects and constituted a class with him, He has, therefore, challenged the order of his retirement as also Schedule II of the Regulations in the petition.

(2.) IN the counter affidavit the respondents have admitted all the factual averments made in the writ petition. The only contention raised by them is that as the category of dental boys is not shown in schedule II of the Regulations, they could not, therefore, allow the petitioner to superannuate at the age of 60 years, and had retire him after attaining the age of 55years only.

(3.) HEARD learned counsel for the parties. It may be mentioned at the very outset that the only controversy to be adjudicated upon in this petition is whether in the facts and circumstance of the case, the petitioner was to retire at 45 years of his age or after completing his 60 years, and that depends upon the fact as to whether he belongs to inferior service or not? Admittedly, he has been appointed in Government service as Khidmatgar and then as Dental Boy before 18 -10 -1966.