- (1.) The petitioner was selected by the Jammu and Kashmir Public Service Commission for appointment to the Kashmir Civil Service (Judicial) on 5.1.1987. He joined as Munsif (-cum-Judicial Magistrate, First Class) at Basohli in District Kathua. He was thereafter promoted as a Subordinate Judge (-cum- Chief Judicial Magistrate) on 18.11.1996. And thereafter, as an adhoc District & Sessions Judge on 8.8.2002. While in the cadre of District & Sessions Judge, he was placed in the selection grade on 15.06.2011.
(2.) For the controversy in hand, some of the Annual Confidential Reports recorded in respect of work and conduct of the petitioner are important. A brief summary thereof is recorded hereunder: JUDGEMENT_54_LAWS(SC)12_2015_1.html
(3.) So far as the present controversy is concerned, it pertains to the compulsory retirement of the petitioner. Compulsory retirement is regulated under the provisions of Higher Judicial Service Rules, 2009 (issued vide SRO 339, dated 27.10.2009, Law Department). Rule 24 of the aforesaid rules pertains to the subject of premature retirement. The same is being extracted hereunder: "24. Premature retirement The High Court shall assess and evaluate the record of the members of the service for his/her continued utility before he/she attains the age of 50 years, 55 years and 58 years by following the procedure for compulsory retirement under the service rules applicable to him/her and if he/she is not found fit and eligible he/she will compulsorily retire on his/her attaining the age of 50 years, 55 years and 58 years, as the case may be.";