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CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Mohinder Kumar – Appellant
Versus
State of Jammu and Kashmir – Respondent
| Table of Content |
|---|
| 1. summary of case facts and service history. (Para 1 , 2 , 3 , 7 , 8 , 9) |
| 2. parties' contentions on validity and delay. (Para 4 , 5 , 10 , 11) |
| 3. legal principles on compulsory retirement. (Para 12 , 13) |
| 4. analysis of insufficient vague material. (Para 14 , 15 , 16 , 18) |
| 5. delay objection rejected due to illness. (Para 17) |
| 6. order quashed with benefit directions. (Para 19 , 20 , 21 , 22) |
ORDER
Per: - Ram Mohan Johri, Administrative Member
1. The SWP No.2161/2010 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.5347/2021 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court seeking following relief: -
I. Issue a WRIT OF CERTIORARI quashing Government Order No 1260-GAD of 2004 dated 20.09.2004 by virtue of which the writ petitioner was ordered to be retired compulsorily under Article 226 (2) of Jammu & Kashmir Civil Service Regulations, 1956, with effect from forenoon of 21st September, 2004, having been passed illegally, capriciously and in arbitrary manner;
II. Issue WRIT OF MANDAMUS directing and commanding the Respondents to treat the writ petitioner in service till he attains
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