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2018 Supreme(J&K) 72

RAMALINGAM SUDHAKAR, M.K.HANJURA
State of J&K – Appellant
Versus
Jagmohan Singh Tandon – Respondent


Advocates Appeared:
For the Appellants : Mr. H.A Siddiqui
For the Respondents: Mr. Rahul Pant

JUDGMENT :

Hanjura, J.

1. Impugned in this Letters Patent Appeal is the defensibility and legal pragnability of the judgment and order dated 10.03.2017 of the learned Single Judge passed in SWP No. 2154/2015 by which the Govt. order No. 23-JKSRTC/GMA of 2015 dated 30.06.2015 to compulsorily retire the respondent in public interest with effect from the forenoon of 01.07.2015 has been quashed.

2. In adumbrating and analyzing the facts leading to the filing of the appeal it needs must be said that the learned writ Court has given a vivid account of the facts in the judgment assailed in the appeal. These are that the respondent, was posted as Incharge Managing Director, J&K State Road Transport Corporation at a time when his compulsory retirement was directed by the appellant-State. The respondent pleaded before the writ Court that the appellant-State did not consider his APRs while taking a decision to prematurely/compulsorily retire him from service. The impugned order has been passed in utter contravention of Employees Service Conditions Rules and Regulations, 1979. The respondent has further pleaded that the order of compulsorily retiring him from service is a result of the non-applic




































































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