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| Court comes to rescure of pensioners; strict direction on clearing pendencey | | |
Early Times Report
Jammu, Mar 05- Coming to the rescue of the petitioner who was struggling to get his pension for the last 10 years, Justice Hakim Imtiyaz Hussain of J&K High Court Jammu in a landmark judgment today directed State of J&K through Chief Secretary, Director School Education Jammu and Principal Government Higher Secondary School RS Pura to pay Rs. one lakh compensation to the petitioner within three months for the delay and loss to him since there has been delay of about 10 years on the part of respondents in processing the case of the petitioner for grant and sanction of the pension in the favour of the petitioner. The Court also directed for processing the fresh pension case of the petitioner within one month with directions to the AG to finalise the same within four weeks.
Delivering this land mark judgment, Justice Hussain, after hearing Advocate Abhinav Sharma appearing for the petitioner and no body present on behalf of the respondents, observed that it is surprising that respondents have neither paid the retrial benefits to the petitioner nor have settled his pension case despite the directions issued by the High Court in earlier writ petition. After the entries were made in service book, the case has not been finalized for payment of full pension and other retrial benefits including gratuity. It was the duty of the concerned Principal, who is also drawing and disbursing officer of the petitioner, to process the case of the petitioner and ensure sanction of pension and gratuity in his favour within a reasonable time. The respondents have therefore, failed in discharge of their duties and this has resulted into inseparable loss to the petitioner who is in dire need of financial assistance. With these observations Court allowed the petition and directed Principal Government Higher Secondary School RS Pura to finalize and submit fresh pension case of the petitioner regarding grant of pension, gratuity and other retrial benefits which are due to the petitioner to the Accountant General office within a period of one month. On receipt of the case from the said Principal, the Accountant General shall within a period of four weeks finalize it and sanction/issue PPO in favour of the petitioner, the court ordered. Since there is delay of about 10 years on the part of State respondents in processing the case of the petitioner for grant and sanction of pension in his favour, they shall pay compensation to the tune of Rs one lakh to the petitioner within three months for this delay and loss to him.
This landmark judgment was announced in a petition filed by one Jagdish Raj Sharma, who was working as Senior Assistant in the Education Department and was posted in Government Higher Secondary School RS Pura where from he retired from service on February 28, 1999.
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