JUDGMENT 1. In terms of Order No. 576-77/EDB dated 11th May, 2002 passed by the Executive Engineer Electt. Division Budgam, sanction was accorded to the retirement on superannuation pension in favour of the petitioner w.e.f. 30th June, 2002 Afternoon. It is this order which is called in question in this petition on the ground that the petitioner has been superannuated from the service in violation of the mandate contained in 1st Proviso attached to Article 226 (I) of Civil Service Regulations, inasmuch as, the petitioner belonged to inferior service as per the Schedule II of the Civil Service Regulations. 2. The Court on 6th August, 2014 passed the Order, which is taken note of:- “...Keeping in view the controversy cropped up in the instant petition, another four week’s time is granted to the respondents to file counter, in default thereof, if shall be presumed that whatever is stated by the petitioner in his petition on facts is correct. List immediately after four weeks for final consideration as case No. 1 amongst the first five cases in the final hearing column...” 3. Despite opportunity, reply affidavit has not been filed. 4. Under Schedule II of the Civil Service Regulations, details of those posts, which were classified as inferiors, have been given. At para-59, the post of orderly has also been classified as inferior post. 5. The petitioner has been appointed in the respondent-department on 1st September, 1963. This averment is supported by the documents annexed with writ petition which has remained uncontroverted. The 1st Proviso attached to Article 226 (I) of the Civil Service Regulations prescribed that the Government servants who were in service on 10th October, 1966 and were treated inferior as per Schedule II, will retire on attaining the age of 60 years. 6. In the fact situation of this case, the petitioner had to retire on superannuation from the service at the age of 60 years but has been illegally and in violation of the mandate contained in the aforesaid proviso, retired from the service w.e.f. 30th June, 2002. The impugned order, in essence, has effect of terminating the service of the petitioner. The petitioner was entitled to continue in service till he would attain the age of 60 years, but has been removed from the service before completion of said statutory period of 60 years. The impugned order, in essence, has effect of terminating the service of the petitioner. The petitioner was entitled to continue in service till he would attain the age of 60 years, but has been removed from the service before completion of said statutory period of 60 years. The petitioner’s right to continue in service up to 30th June, 2004 has, thus, been taken away without following the procedure established by law. The petitioner, in these circumstances, is entitled to receive all the service benefits which would accrue to him, had he been allowed to continue in service till he attained age of 60 years. 7. For the above stated reasons this writ petition is disposed of in the following manner:- (i) By issuance of writ of Certiorari, the impugned order No. 576-77/EDB dated 11th May, 2002 passed by Executive Engineer Electt. Division Budgam is quashed. (ii) The petitioner is deemed to have been retired on superannuation from the service w.e.f. 30th June, 2004, on which date he would have completed 60 years of service. (iii) The respondents to pay all the service benefits including the salary and retiral benefits to the petitioner by deeming him to have retired on superannuation from the service w.e.f. 30th June, 2004. The respondents to pass necessary orders in this behalf within four weeks from the date copy of this order is served.