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ALI MOHAMMAD MAGREY, PUNEET GUPTA
State of J&K – Appellant
Versus
Aijaz Ahmad Kirmani – Respondent
JUDGMENT :
Ali Mohammad Magrey, J.
1. This Letters Patent Appeal by the State of J&K (Now Union Territory) has been filed against the judgment and order dated 25.05.2018 passed by a learned Single Judge of this Court whereby the respondent's writ petition, SWP No. 257/2012, challenging his compulsory retirement order from Government service, issued by the appellants, has been allowed, quashing the order impugned therein with direction to the appellants to reinstate the respondent-writ petitioner and grant him all consequential benefits within the period specified therein. The learned Single Judge has further directed the respondents in the writ petition, i.e., the appellants herein not to evict the writ petitioner from Flat No. 4 of Government Flats, Jawahar Nagar, Srinagar.
2. We have heard learned counsel for the parties and considered the matter.
3. The facts are like this: The petitioner, being a Degree holder in Civil Engineering, was appointed as Junior Engineer on 09.03.1988. He was promoted as Assistant Engineer vide Government Order No. 548-Works of 2001 dated 28.12.2001. Thereafter, he was promoted as Incharge Assistant Executive Engineer vide Government Order No. 43-PW(R&B)
Compulsory retirement of a government employee must be based on a comprehensive evaluation of their entire service record and cannot rely solely on the existence of an FIR.
Compulsory retirement invalid without full service record review; pending FIR involvement alone, absent adverse entries or conviction, cannot justify order, rendering it punitive rather than public i....
Compulsory retirement invalid without cogent material from service record proving doubtful integrity; mere FIR involvement despite acquittals and clean APRs cannot justify order, which must consider ....
Compulsory retirement requires objective material from service record; vague unverified allegations insufficient to justify in public interest.
Premature retirement must comply with jurisdictional authority and assessment procedures as per CCS Rules; failure to follow statutory guidelines renders such actions void.
The central legal point established in the judgment is the requirement for a valid material and objective assessment for compulsory retirement, the duty of the employer to disclose relevant materials....
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