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| "Pension Is Property": HC gives UT 3 months to clear Baramulla employee's retiral dues | | | Early Times Report
JAMMU, Jan 29: The High Court of Jammu & Kashmir and Ladakh has upheld directions for release of retiral benefits to Gulzar Ahmad Khan, a former employee of Municipal Council Baramulla, observing that after allowing a person to serve for nearly 25 years, the government cannot belatedly question his appointment to deny pensionary dues.
A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, while deciding an intra-court appeal filed by the Union Territory and officials of Urban Local Bodies, held that pension and retiral benefits are hard-earned rights and cannot be withheld without due process of law. The Bench, however, modified the interest clause, ruling that if the authorities fail to comply with the writ court's directions within three months, the respondent will be entitled to 6% interest on retiral benefits and arrears, calculated from the date the benefits became due till actual payment.
The appeal challenged an earlier order directing the administration to reconstruct and update the service book and release all dues. The UT argued the respondent's initial engagement as a driver in 1999 and subsequent regularisation in 2007 were illegal and under scrutiny. The court noted that no departmental or judicial proceedings were initiated during service and the respondent was allowed to retire, making it "too late" to raise such objections now. —(JNF) |
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