MOHAMMAD FEROZ Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Date of birth of the writ petitioner is Ist of April 1937. He was permitted to work up to 30th of April 1995. He was held to have superannuated on that date. His pension paper case was forwarded to the Accountant General of Jammu and Kashmir State. Accountant General formed an opinion that under the rules petitioner's date of birth being on Ist of April 1937, he should have been retired on 31st of March 1995. His retention in service upto 30th of April 1995 was found to be contrary to the service rules. Consequently a direction was given that salary to the extent of Rs. 4126 be recovered from the petitioner. As a matter of fact this is subject matter of challenge in this writ petition.

(2.) On the strength of the decision given by the Division Bench of this court in case reported as Ali Mohammad v. State of J&K and ors., 1989 KashLJ 8, petitioner submits that where an employee is not given notice of his date of retirement, and he remains in service, then salary drawn by him cannot be recovered. Relevant observations made in para 4 are being noticed:

(3.) Case of the petitioner is squarely covered by the ratio of the decision referred to above. There was no misrepresentation on his part. Respondents allowed him to continue in service. Therefore, petitioner having worked for that period, he should be given his pensionary benefit without deducting the amount referred to above. Let this now be done within a period of three months. The period of three months would begin from the date a copy of order passed by this court is made available by the petitioner to the respondents.