STATE OF J&K Vs. AIJAZ AHMAD KIRMANI

JUDGEMENT

(1.) This Letters Patent Appeal by the State of J and K (Now Union Territory) has been filed against the judgment and order dtd. 25/5/2018 passed by a learned Single Judge of this Court whereby the respondent's writ petition, SWP no. 257/2012, challenging his compulsory retirement order from Government service, issued by the appellants, has been allowed, quashing the order impugned therein with direction to the appellants to reinstate the respondent-writ petitioner and grant him all consequential benefits within the period specified therein. The learned Single Judge has further directed the respondents in the writ petition, i.e., the appellants herein not to evict the writ petitioner from Flat no. 4 of Government Flats, Jawahar Nagar, Srinagar.

(2.) We have heard learned counsel for the parties and considered the matter.

(3.) The facts are like this: The petitioner, being a Degree holder in Civil Engineering, was appointed as Junior Engineer on 9/3/1988. He was promoted as Assistant Engineer vide Government order no. 548-Works of 2001 dtd. 28/12/2001. Thereafter, he was promoted as Incharge Assistant Executive Engineer vide Government order no. 43-PW(R and B) of 2005 dtd. 18/2/2005. While the petitioner was posted as I/C Assistant Executive Engineer, J and K Police Housing Corporation, Srinagar, the Government, in exercise of the powers conferred by Article 226(2) of the Jammu and Kashmir Civil Service Regulations (CSRs), issued order no. 189-GAD of 2012 dtd. 13/2/2012 giving notice to the petitioner that he, having already rendered 22 years of service, shall retire from service w.e.f. forenoon of 13/2/2012. He was allowed three months' pay and allowances in lieu of three months' notice.