Compulsory retirement of permanent government servants under Article 226(2) without due process equates to removal under Article 126(2), rendering the provisions unconstitutional and invalid.

1. Thirteen writ petitions have been filed by Government officers in this Court under S.103 of the Constitution of Jammu and Kashmir praying that an appropriate writ be issued quashing the orders of the respondent, Government Order No. 312 - C of 1963 and Government Order No. 313 - C of 1963, dated 27th November, 1963 published in the Jammu and Kashmir Government Gazette of 5th December and the Sadar - i - Riyasat's Order No. SR - 37 of 1953 dated 27th November, 1963 as being illegal, void, ineffective, inoperative and ultra vires and that the petitioners be held as continuing to hold their respective posts and offices which they held prior to the passing of the impugned orders. These thirteen petitions are No. 54 of 1964 filed by 22 officers who were holding different posts in different departments mentioned in their petitions, No. 59 of 1964 by Syed Shah, Tehsil Education Officer, No. 61 of 1954 by seven officers, No. 63 of 1964 by J.N. Zutshi, S. P. (A. I. G.) Central Police Office, No. 71 of 1964 by 12 officers of different Departments, No. 72 of 1964 by Chandra Udey Singh, Special Officer Twaza Department, No. 73 of 1964 by Shri Pran Math Malhotra, Superintendent Fire Brigade and N.N. Kaul, D. F. O., No. 77 of 1934 by R.L. Nagpal, Secretary Legislative Council, No. 78 of 1964 by 7 officers, among whom there are two officers,' namely, D.N. Kaul, Joint Director Sheep Breeding and A. Areez who after having attained the age of superannuation had been granted extension in service, No. 79 of 1964 by Bashir Ahmed Taj, No. 82 of 1964 by Mahadev Kaul, Forest Ranger, No. 93 of 1964 by three officers, Ghulam Qadir and others, No. 81 of 1964 by T.N. Raina, Deputy Director Industries and Ghulam Mohd Shaikh, Labour Officer, who were alleged to be holding their posts temporarily.

2. These petitions raise a common question of law in regard to the constitutional validity of Art. 225 and R.5 (1) of Sch. IX of the Jammu and Kashmir Civil Service Regulations (hereafter called K.C.S.R.) and shall be disposed of by this order.

3. It will be convenient to place these 13 petitions in three groups. The first group consists of permanent Government servants in different departments whose services have been terminated under the impugned rule. The other group consists of 2 officers, namely A. Azeez, Superintendent of Police and D.N. Kaul, Joint Director Sheep Breeding who had attained the age of superannuation and had been granted extension in their service. The third group consists of officers who were holding posts temporarily, namely T.N. Raina, Deputy Director Industries and Ghulam Mohd Sheikh, Labour Officer.

4. The writ petitions grouped in these three categories raise common questions of law and the petitioners in these petitions have sought to challenge the validity of Art. 226 and R. 5(1) of Sch. IX of K. C. S. R.

5. At the outset I propose to confine my discussion to the question of termination of services of permanent civil servants placed in the first group. Having discussed their case I will deal with the petitions of officers whose service had been extended and are placed in second group, and the officers who were holding temporary posts are placed in the third group.

6. The impugned Order No. 312 - C of 1964 reads as under : -
"Whereas it is considered in the public interest to dispense with the further services of the officers, mentioned in the annexure to this order;
Now, therefore, in pursuance