- (1.)THIS judgment will dispose of above noted two writ petitions. Both these writ petitions arise out of orders of premature retirement purported to have been passed by the Govt. vide Order No. 295-FST of 1987 dated September 9, 1987 and Government Order No. 292-FST of 1987 dated September 9, 1987 against the petitioners respectively.
(2.)THE facts in brief in SWP No. 896/1987 are : that the person of Ghulam Rasool Azad was appointed as Clerk vide Chief Conservator of Forest's order No. 116 Dated September 8,1961, whereafter the petitioner was appointed as Forester vide Chief Conservator of Forest's Order : No. 132 dated September 6, 1982. It is further averred in the petition that the petitioner's date of birth is April 15, 1938, as such, he is going to retire from service in the year 1996. However, the respondent in terms of Govt. Order No. 295-FST of 1987 dated February 9, 1987 retired the petitioner from service prematurely with effect from September 10, 1987 by invoking the powers conferred by Article 226 (2) 226 (3) of the Jandk Civil Service Regulations on the assumption that the official has completed 25 years of qualifying service and this power has been exercised in public interest. The petitioner's service career has remained unblemished all along. The impugned order has visited the petitioner with civil consequences as same has amounted to infliction of punishment to the petitioner.
(3.)SIMILARLY in SWP No. 1119/97, petitioner Assadullah War has been prematurely retired from service per Govt. Order No. 292 of 1987 dated September 9, 1987. It is averred that the petitioner was appointed as Watcher in the Forest Department on May 14, 1962 and subsequently promoted to the post of Forest Guard Vide Order No. 3026-30 dated February 5, 1966. The petitioner was detained under Public Safety Act vide District Magistrate Baramulla's Order No. DMB/psa/d/324/87 dated September 10, 1987. The said order of detention was challenged through the Habeas Corpus petition No: 203 of 1987 titled Ghulam Nabi Dar v. State, However, during the pendency of the writ petition, the Govt. revoked the order of detention per Govt. Order No. Home--SD/410 of 1987 dated : October 14,1987 and in the meanwhile, Government passed the impugned order and retired the petitioner from service in exercise of the powers vested under Art. 226 (2) and 226 (3) of the Jandk Civil Service Regulations on the count that the petitioner has rendered 25 years of active service and shall retire from service on September 10, 1987 F. N.