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| HC directs respondents to release pension, other benefits to petitioner | | | Early Times Reporter
Jammu | Dec 22
Justice Nirmal Singh J&K High Court, Jammu Wing, in a writ petition, filed by a poor employee of Family Welfare Department, who rendered 13 years of service, seeking pensionary benefits, has directed the respondents to release the pension and other retrial benefits in favour of the petitioner within a period of three months.
In a writ petition filed by Kaka Ram through Adv Mrs. Rozina Afzal it has been submitted that petitioner was initially appointed on stop-gap basis in the Family Welfare Department vide an order issued on August 30, 1990 for a period of 89 days. Thereafter in terms of SRO 75 of 1992, the services of the petitioner were regularized against the post of Safaiwala. After rendering 13 years of continuous service, the petitioner superannuated with effect from March 31, 2003. The case of the petitioner was referred to Accountant General J&K for payment of retrial benefits. Accountant General, however, pointed out that the petitioner has neither been declared quasi-permanent nor permanent even after 11 years of service and therefore he is not entitled to pensionary benefits. Petitioner filed a representation and also served legal notice upon authorities but request of the petitioner for grant of pensionary benefits was declined.
Justice Singh, after hearing both the sides and also referred a judgment of Apex Court in which right to pension is right to property has been laid down and observed that the petitioner who was holding a tentative post at the time of superannuation is entitled to pension under Article 177 of Civil Service Regulations and allowed the petition with the direction to the respondents to release the pension and other retrial benefits in favour of the petitioner within a period of three months. In case the benefits are not released in favour of the petitioner within the stipulated period then the petitioner shall be entitled interest @ 9% of arrears, the Court ordered. JNF |
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