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2023 Supreme(J&K) 637

TASHI RABSTAN, PUNEET GUPTA
State of J&K – Appellant
Versus
Rajinder Kumar – Respondent


Advocates Appeared:
For the Petitioners: Raman Sharma.
For the Respondent: A.P. Singh.

JUDGMENT :

(Tashi Rabstan, J.)

1. This Letters Patent Appeal is directed against the judgment and order dated 27.07.2018 delivered by the learned Single Bench in SWP No. 2606/2016, whereby the learned Single Judge, while allowing all the consequential benefits in favour of writ petitioner, quashed the impugned order, Bearing No. 1266-GAD of 2016, dated 21.11.2016 compulsory retiring the writ petitioner from service in public interest with effect from 22.11.2016 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 and perused the appeal file.

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 with which th

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