1. The petitioner was appointed as Plantation Watcher in the respondent department in the pay scale of Rs. 170-230 with effect from July 1, 1981. The petitioner continued in service. In terms of Government order No. 989-G AD of 2006 dated August 14,2006, petitioner was compulsorily retired from service in exercise of powers conferred by Article 226(2) of the Jammu and Kashmir Civil Service Regulations (for short "CSR")- It is this order which has been called in question on many grounds which include the ground of competence of the respondents to retire petitioner compulsorily from service under Article 226(2) of CSR inasmuch as the petitioner being an employee covered by Schedule II of the CSR. 2. On notice issued in this case, reply affidavit/counter affidavit has been filed. The aforementioned ground of challenge has not been dealt with by the respondents in the counter affidavit. 3. Heard learned counsel for the petitioner. Considered the matter. 4. Mr. Jehangir Iqbal, learned counsel for the petitioner, invited attention of the Court to Article 226(2) of the CSR and submitted that the class of employee who are included in Schedule II of the CSR have been excluded from the purview of Article 226(2) of the CSR. Learned counsel also invited attention of the Court to Schedule II of the CSR to show that the post of Plantation Watcher, which was held by the petitioner, is a post declared as the inferior class. 5. Article 226(2) of the CSR is reproduced as under: "226 (2) Notwithstanding anything contained in these Regulations Government may, if it is of the opinion that it is in the public interest to do so, require any Government servant other than the one working on a post which is included in Schedule II of these Rules, to retire at any time after he has completed 22 years/44 age; provided that the appropriate authority shall give in this behalf a notice (in one of the forms prescribed in annexures A and B hereto as the case may be), to the Government servant at least 3 months before the date on which he is required to retire or 3 months of pay and allowance in lieu of such notice. Such a Government servant shall be granted pensionary benefits admissible under these rules on the basis of qualifying service put in by him on the date of such retirement." 6.
Such a Government servant shall be granted pensionary benefits admissible under these rules on the basis of qualifying service put in by him on the date of such retirement." 6. This petition deserves to be allowed on one short ground, viz., that the petitioner, admittedly, is a member of service of inferior class as declared under Schedule II of the CSR. The post of Plantation Watcher figures at Serial No. 7 of Schedule II under which list of employees specifically classified as inferior has been given. The competent authority can order for compulsory retirement of an employee in terms of Article 226(2) of the CSR on the grounds mentioned therein, but an employee, who is declared to belong to the inferior class of service under Schedule II of the CSR, does not come under the purview of said Article. The respondent has, thus, no power and authority to order compulsory retirement of such an employee who belongs to the inferior class of service in view of the specific exclusion made in this behalf under Article 226(2) of the CSR itself. 7. This petition is disposed of in the following manner: 8. By issuance of writ of Certiorari, Government order No. 989-GAD of 2006 dated August 14,2006 is quashed. By issuance of writ of Mandamus, respondents are directed to take back the petitioner into service and give him all service benefits by treating the aforementioned order as non-est.