LAWS(J&K)-2022-12-18

MOHAMMAD YOUSUF MIR Vs. UT OF J&K

Decided On December 15, 2022
Mohammad Yousuf Mir Appellant
V/S
Ut Of JAndK Respondents

JUDGEMENT

(1.) The petitioner in the instant petition prays for the following reliefs:

(2.) The aforesaid reliefs are being sought on the premise that the petitioner came to be appointed as dailywager and subsequently regularized as Salesman and thereafter promoted to the post of Assistant Manager in the year 2015, and as per the date of birth of the petitioner recorded in his Matriculation certificate, the petitioner had to attain the age of superannuation at the age of 60 years on 14/3/2023, but the respondent no. 5 in disregard to the mandate of law issued a communication impugned in the petition, whereby respondent no. 5 informed the petitioner that he would retire on superannuation on 31/3/2021 after attaining the age of 58 years on 14/3/2021.

(3.) The impugned communication is assailed in the petition amongst others on the ground that the petitioner had to retire at the age of 60 years in the respondent Society, but the respondents sought to retire the petitioner at the age of 58 years in violation of Article 14, 16 and 21 of the Constitution of India, therefore, the petitioner represented to the respondents against the impugned communication, yet the respondents did not pay any heed to the said representation.