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2022 Supreme(J&K) 534

TASHI RABSTAN, SINDHU SHARMA
State of Jammu & Kashmir – Appellant
Versus
Bhumesh Sharma – Respondent


Advocates appeared:
Mr. Amit Gupta, AAG, for the Appellant; Mr. Z.A. Shah, Sr. Advocate with Mr. Jagpaul Singh, Advocate, for the Respondent

JUDGMENT

Tashi Rabstan, J. - This Letters Patent Appeal is directed against the judgment and order dated 07.02.2017 delivered by the learned Single Bench in SWP No.2140/2015, whereby the learned Single Judge, while allowing the writ petition, quashed the impugned order, bearing No.868-GAD of 2015 dated 30.06.2015 compulsory retiring the writ petitioner from service in public interest with effect from 01.07.2015 in exercise of powers under Article 226(2) of the Jammu and Kashmir Civil Services Regulations.

2. Heard learned counsel appearing for the parties, considered their rival contentions, perused the appeal file as well as the record so produced by the learned counsel for State.

3. The term or phrase 'compulsory retirement' in service law has been generally used in relation to cases where an employee has been directed that his services are no longer required before he reaches the normal age of retirement prescribed by the rules. In other words, in substance, there is a premature end of the relationship of master and servant before the servant reaches the prescribed age of retirement or superannuation. Premature retirement is, therefore, a more apt expression to convey the concept w

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