Jammu & Kashmir High Court - Srinagar Bench
Nazir Ahmed Bhat vs Sk Institute Of Medical Sciences ... on 28 January, 2021
Sr. No. J1
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
Pronounced on: 28.01.2021
WP(C) No. 2080/2020
CM No. 6603/2020
Nazir Ahmed Bhat ......Petitioner(s)
Through :- Mr. Z. A. Qureshi, Sr. Advocate with
Assisting counsel.
v/s
SK Institute of Medical Sciences and others ......Respondent(s)
Through :- Mr. Shah Aamir, AAG with
Ms. Sharaf Wani, Advocate.
Coram: HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
::: : (Through Virtual Mode from Jammu)
JUDGMENT
1. The petitioner is to retire on 31.01.2021 on attaining the age of
superannuation of 60 years as per the Notification issued by respondent
No.2 vide No. SIMS/Per/Noti./2020-2960-68 dated 30.05.2020. The
petitioner is working as Tutor in Mader-e-Meharban Institute of
Nursing Sciences and Research, Soura (MMINSR) as per the petition.
2. The case of the petitioner is that the petitioner is to retire on attaining
the age of 62 years and not 60 years as he is on the teaching faculty of
the Institute. The response to the petition has been filed on behalf of
the respondents wherein it is submitted that the petitioner who is
working as Tutor is due to superannuate on attaining the age of 60
years and not 62 years as claimed by the petitioner. The specific case
of the respondents is that the retirement age of 62 years is not
applicable to the post of Tutors but Lecturers and above only.
3. Learned Senior counsel for the petitioner has referred to Annexure IV
of the writ petition in order to advance the argument that the Tutor falls
within the category of teaching faculty. The learned Senior counsel has
also referred to Annexure VII in support of his contention wherein the
staff pattern has been mentioned. Annexure IV to the writ petition is
the Government Order No.76-SKIMS of 2013 dated 16.09.2013
wherein the teaching faculty is categorized whereas Annexure VII
refers to 'Staffing Pattern' as issued by the Indian Nursing Council,
New Delhi. Annexure II is Government Order No.58-SKIMS of 2014
dated 22.08.2014 wherein the age of superannuation of teaching
faculty of the Institute is fixed as 62 years.
4. Learned counsel appearing for the respondents has submitted that as
per the 'Note' which is annexed with the Staffing Pattern issued by
India Nursing Council the post of Tutor does not fall within the
teaching faculty. The staff working as Lecturer or above is considered
as teaching faculty.
5. The learned counsel for the petitioner has submitted that the 'Note'
even if it forms part of the staffing pattern the Tutor cannot be
excluded from the category of teaching staff when the same is viewed
in the light of other documents which are placed on record.
6. The short controversy involved in the present petition is, if the
petitioner is to retire at the age of 60 in terms of the impugned
Notification or he is to retire at the age of 62, if he is to be considered
as part of teaching faculty.
7. The respondents have taken specific stand that the Tutor does not fall
within the teaching staff and that the 'Note' forms part and parcel of
the 'staff pattern' issued by the Indian Nursing Council. The Court
does not find any reason not to rely upon the said 'Note' as referred to
by the respondents in their reply and which is also annexed with the
response filed to the writ petition. The reliance upon the said 'Note'
means that the case of the petitioner is not covered within the four
corners of the teaching staff. Further, the stand taken by the
respondents by way of response to the writ petition is supported by the
affidavit of respondent No.2, Director SKIMS. It is also pleaded by the
learned counsel for the respondents during the course of arguments that
on earlier occasions also the Tutor has been superannuated at the age
of 60 and not 62. It is not otherwise pleaded by the petitioner that he
has been singled out for superannuation at the age of 60 years while he
is discharging his duty as Tutor.
8. The Court does not find merit in the contention of the petitioner that
his age of superannuation is 62 years in terms of Government Order
No.58-SKIMS of 2014 dated 22.08.2014 which speaks of
superannuation age of teaching faculty of the Institute at the age of 62
years and that the Notification challenged is not valid.
9. In view of the above, this petition is held to be without merit and is
accordingly dismissed.
(Puneet Gupta)
Judge
Srinagar:
28.01.2021
Pawan Chopra
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
PAWAN CHOPRA
2021.01.28 16:39
I attest to the accuracy and
integrity of this document
