LAWS(J&K)-1998-7-43

KRISHAN LAL Vs. STATE OF J&K

Decided On July 27, 1998
KRISHAN LAL Appellant
V/S
STATE OF J AND K Respondents

JUDGEMENT

(1.) Parties heard.

(2.) The petitioner in his capacity as a member of inferior service claims that he had right to continue in service upto the age of 60 years. He submits that he was wrongly retired at the age of 55 years. The petitioner was working as a Works Mistry. As per him he should have been retired at the age of 60 years. He claims to be a member of inferior service. The respondents have filed objections. It is pleaded that this petition is belated having been filed after delay of ten years.

(3.) So far as the legal submission is concerned, the petitioner is right in his submission that his age of retirement should have been 60 years. Reliance has been rightly placed on a decision given by this Court in SWP No. 448 of 1988. Vishwa Nath v. Director Rural Development and another, decided on 1.2.1990. In the above case it was observed as under :