CJ has power to retain any employee after retirement: HC
GK NEWS NETWORK
Jammu, Dec 15: Jammu and Kashmir High Court has held that Chief Justice has the powers to retain an employee, even after his retirement and without any administrative approval.
The decision was passed in a petition filed by Joint Registrar of State High Court Abdul Hamid Khan, who retried on January 31, 2009 on attaining the age of 58 years.
However, in terms of High Court order dated March 24, 2009 and August 12, 2009, the Chief Justice ordered his retention in service upto the age of 60 years and extended his date of retirement by two years.
Justice Mansoor Ahmed Mir, after hearing both the sides, held that the orders passed by Chief Justice, Jammu and Kashmir High Court, in terms of the provisions of Jammu and Kashmir Civil Service Regulations read with the provisions of Jammu and Kashmir High Court Staff (Conditions of Service) Rules, 1968 do not require any administrative approval from the executive.
“In terms of the mandate of Rule 13 of the J&K High Court Staff (Conditions of Service) Rules, 1968, it is the Chief Justice alone who is competent to exercise the powers contemplated by the Rules and orders applicable to Government servants with respect to the members of the staff borne on the cadre of the High Court of Jammu and Kashmir”, the court held further.
With these observations, Justice Mir quashed communication dated June 16, 2011 and held the petitioner entitled to his retirement benefits.
Though the petitioner had retired on attaining the age of 60 years, Senior Accounts Officer (PNR) of the Accountant General on June 16, 2011 addressed a communication to Registrar General of J&K High Court stating that the employee has received benefit of two advance increments without the approval of Administrative Department.
Lastupdate on : Sat, 15 Dec 2012 21:30:00 Makkah time
Lastupdate on : Sat, 15 Dec 2012 18:30:00 GMT
Lastupdate on : Sun, 16 Dec 2012 00:00:00 IST
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