Excelsior Correspondent
JAMMU, Mar 23: High Court today quashed the premature retirement of Suresh Kumar Rekhi, the then DGM Jammu and Kashmir Projects Construction Corporation (JKPCC) with the direction to the State to re-instate the petitioner in service with all consequential benefits within one month.
While quashing the order, Justice Alok Aradhe, after hearing Senior Advocate PN Raina with Advocate D S Chouhan appearing for the petitioner, said the petitioner has challenged the validity of the order dated 30.06.2015 by which the respondents in purported exercise of powers under Section 226(2) of the Jammu and Kashmir Civil Services Regulations had compulsory retired the petitioner in the public interest.
“The controversy involved in the writ petition is squarely covered by order dated 07.02.2017 passed in SWP No.2140/2015. The submission is resisted by counsel for the respondents on the ground that along with the impugned order, three month salary was given to the petitioner which he had accepted and had withdrawn the retiral dues in entirety and therefore he cannot challenge the order of compulsory retirement”, Justice Aradhe said.
“From the perusal of the record, it is evident that the writ petition was filed on 07.10.2015 whereas the part of contributory Provident Fund amount has been withdrawn on 15.12.2015 after filing of the writ petition, therefore, the question of suppression of facts does not arise”, High Court said, adding “it is also pertinent to mention here that the petitioner had taken the loan and the amount of three month salary was credited to his loan account and the petitioner had withdrawn the part of the contributory provident fund and not the entire retiral dues for treatment of his ailing son”.
While quashing the impugned order, Justice Alok Aradhe directed the Government to re-instate the petitioner in service with all consequential benefits within one month from today.
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