STATE TIMES NEWS
JAMMU: Justice Alok Aradhe of J&K High Court Jammu Wing on Thursday quashed premature retirement of Suresh Kumar Rekhi then DGM JKPCC and directed State to re-instate the petitioner in service with all consequential benefits within one month from today.
Justice Alok Aradhe after hearing senior Advocate P.N Raina with Advocate D.S Chouhan appearing for the petitioner observed that petitioner has challenged the validity of the order dated 30th June 2015 by which the respondents in purported exercise of powers under Section 226 (2) of Jammu and Kashmir Civil Services Regulations (hereinafter referred to as Regulations) have compulsorily retired the petitioner in public interest.
High Court further observed that when the matter is taken up today, counsel for the petitioner submitted that the controversy involved in the instant writ petition is squarely covered by order dated 7th February 2017 passed in SWP No.2140/2015. The aforesaid submission is resisted by counsel for the respondents on the ground that along with the impugned order, three months’ salary was given to the petitioner which he had accepted and had withdrawn all the dues after compulsory retirement and therefore, the petitioner is stopped from challenging the order of compulsory retirement. Counsel for the respondents further submitted that the aforesaid facts have been suppressed by the petitioner.
Justice Alok Aradhe further observed that from perusal of the record, it is evident that the writ petition was filed on 7th October 2015 whereas the part of contributory Provident Fund amount has been withdrawn on 15th December 2015, i.e., after filing of the writ petition, therefore, the question of suppression of facts does not arise. It is also pertinent to mention here that the petitioner had taken the loan and the amount of three months’ salary was credited to his loan account and the petitioner had withdrawn the part of the contributory provident fund and not the entire amount of dues for treatment of his ailing son.
Justice Alok Aradhe further observed that in view of the preceding analysis and for the reasons assigned by this Court in SWP No.2140/2015 dated 7th February 2017 (Bumesh Sharma Vs State of J&K), the impugned order is hereby quashed. The petitioner shall be re-instated in service with all consequential benefits within one month from today.
