JUDGMENT

1. The instant petitions raise akin and analogues issues, as such, are taken up for disposal together. At the outset, the facts those emerges from the petitions in hand are delianted in short separately hereunder:

2. The petitioner in the instant petition implores for the following reliefs:

'(i) A writ of Certiorari may be passed by virtue of which the impugned order passed by respondent No. 3 vide No. CUJ/1306/8-11 dated 30.04.2020 may be quashed;

(ii) A writ of Mandamus may be issued commanding the respondents to continue service of the petitioner till his superannuation i.e. 60 years.

(iii) Direction upon the respondents to release all the salary and service benefits in favour of petitioner which is due.

(iv) Any of other relief which this Hon'ble Court deem fit and proper in the attending circumstances of the case may also be passed in favour of petitioner.'

3. The reliefs aforesaid are being sought on the premise that the petitioner came to be appointed as Co-operative Education Instructor vide order dated 24.07.1987 issued by respondent No. 3. The date of birth of the petitioner as recorded in the matriculation certificate issued by the Board of School Education is dated 08.05.1962 and that as per the service Rules and Regulations, the petitioner have had to retire at the age of sixty years on the basis of his recorded date of birth.

4. The petitioner is stated to have risen to the rank of Project Officer in the respondents' Department after having put satisfying service in the Department. The respondent No. 3 is stated to have issued order dated 30.04.2022 informing the petitioner about his retirement on 31.05.2020. A legal notice is stated to have been served upon the respondent by the petitioner on 10.08.2022 for rescinding the notice of superannuation, which notice is stated to have not been responded to by the respondents compelling the petitioner to approach Central Administration Tribunal, Jammu Bench, under application No. 62/1302/2020 dated 30.12.2022 which application is stated to have been returned back to the petitioner on account of lack of jurisdiction by the Tribunal with a liberty to approach appropriate forum for redressal of the grievances.

5. Notice dated 30.04.2022 is being impugned in the instant petition inter alia on the grounds that the petitioner have had to retire at the age of 60 years in the respondents' Department and that the respondents sought to retire the petitioner at the age of 58 years in violation of Article 14, 16 and 21 of the constitution and that the impugned notice has been issued without giving an opportunity of hearing to the petitioner.

6. Per contra, objections to the petition have been filed by the respondents wherein the contentions raised in the petition are being controverted. It is being stated in the objections that the petitioner has been working in Jammu and Kashmir Corporative Union being an Apex level Company providing Corporative Education and training to the members of the Corporative Societies, as per its by-laws and that the service conditions of the said Corporative Union as also other Corporative Societies are governed by SRO 233 of 1988 dated 08.07.1988 in terms whereof, an employee of the Corporative Union has to retire upon attaining the age of 58 years.

7. It is being further stated that SRO 233 of 1988 dated 08.07.1988 has been issued by the competent authority under the provisions of Jammu and Kashmir Cooperative Societies Act 1989 and that the notice under challenge in the petition has been legally and rightly issued by the respondents. It is lastly stated in the objections that the issue involved in the petition stands settled by this Court in SWP No. 327/2019 titled as 'Farooq Ahmad Naik Vs. State of J&K and others'.

1. In the instant petition, the petitioner craves for grant of following reliefs:

'(i) Issue an appropriate Writ, Order or Direction where-under the respondents be prohibited from retiring the petitioner from his services from the month of Ap