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1993 Supreme(J&K) 30

A.Q.PARRAY
Gh. Rasool Azad – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: R. Hussain
Advocate For Respondent: A. Kotwal
Advocate For Appellant: B.A. Bashir
Advocate For Respondent: U.K. Jalali

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 9.9.1987 and Government Order No. 292-FST of 1987 dated 9.9.1987 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 Forests order No. 116 Dated 8.9.1961, where after the petitioner was appointed as Forester vide Chief Conservator of Forests Order No. 132 dated 6.9.1982. It is further averred in the petition that the petitioners date of birth is 15.1.1938, 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 9.9.1987 retired the petitioner from service prematurely with effect from 10.10.1987 by invoking the powers conferred by Article 226 (2) 226 (3) of the J&K 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 petitioners service career has remained up-blemishe

































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