HC quashes compulsory retirement of 21 more Govt officials

Excelsior Correspondent
JAMMU, Dec 22: In yet another big blow to the State Government, High Court today quashed compulsory retirement of 21 more Government officials with the direction to the State to reinstate the petitioners and award all consequential benefits within a period of one month from today.
A total of 25 petitions were listed before the Bench of Justice Alok Aradhe today out of which 21 were heard in length following which Government orders regarding compulsory retirement were quashed. With this, Justice Aradhe has decided 27 petitions in two days.
The employees whose compulsory retirement was quashed today are Kishore Kumar Gupta, the then I/C Chief Engineer Chenab Valley Power Project, Babu Ram, the then Additional Secretary Social Welfare Department, Ravi Kumar, the then Executive Officer, Baj Singh, Incharge Naib Tehsildar, Sher Singh, Naib Tehsildar, Gian Chand, Naib Tehsildar, Taraq Hussain Ganaie, Tehsil Supply Officer, Syed Ikhlaq Hussain, Assistant Executive Engineer, Ghulam Hassan Kamal, Police Inspector, Gh. Mohi-ud-Din, Storekeeper, Girdhari Lal, Executive Engineer, Fida Hussain, Naib Tehsildar, TP Singh TSO, Shabir Ahmed TSO, Mohd Bashir, Tehsildar, Farid Ahmed Tak, AEE, Sher Mohammad Khan, Executive Engineer, Krishan Lal, Patwari, Mumtaz Hussain, Senior Assistant Education Department, Romesh Chander, Junior Assistant in Custodian General and Khurshid Ahmed, Junior Engineer.
After hearing battery of lawyers appearing for the petitioners whereas Senior AAG Seema Shekhar appearing for the State, Justice Alok Aradhe observed, “all relevant factors which are mentioned even in the norms have not been followed in these cases. Besides that it is well settled law that if the statute prescribes to do certain thing in a certain way that thing must be done in that way or not at all”.
“In the case of Dinesh Chander Sangma to which the Senior Additional Advocate General has taken reference, the Supreme Court was dealing with the case where the employee had sought the voluntary retirement and the Government refused to accept the application. In this context, the observations with regard to Doctrine of Pleasure as contained in Article 310 of the Constitution of India were made which do not apply to the fact situation of the case”, High Court said.
“Similarly the decision relied upon by Senior Additional Advocate General in case of Posts and Telegraphs Board and others has no application to the fact situation of the case as in this case, conclusion to compulsory retire an employee in public interest was based on two adverse APRs”, Justice Aradhe said, adding “in the instant cases, the APRs have not been taken into consideration at all”.
“Similarly, the decision in the case of Rajasthan State Road Transport Corporation and others is an authority for the proposition that the decision to compulsory retire an employee has to be arrived at after considering the entire service record of an employee and ‘Washed Off theory’ relating to adverse entries does not apply to compulsory retirement”, High Court said, adding “this decision has also no application to the obtaining factual matrix of the case”.
“The decision in the case of Jugal Chander Saikia also does not apply to the fact situation of the cases in hand as decision to compulsory retire an employee was taken on the recommendations of screening committee which took into account the entire records including the report of one man committee constituted to enquire into a scandal”, Justice Aradhe said.

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