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| Salary benefits withdrawn by employee cannot be challenged after 2 years of retirement:HC | | | Early Times Report
JAMMU, Jan 11: In a landmark judgment , DB comprising of Justice Sanjeev Shukla And Justice Puneet Gupta held that emoluments drawn by an employee during the final 24 months of service cannot be questioned when calculating retiral benefits as per art.242 of J&K CSR.
Adv.Aditya Sharma appeared on behalf of one Tarlok chand employee of the judicial department and challenged the order passed by the respondent whereby the gratuity and other pension benefits of the petitioner were withheld on account of extra salary withdrawn by the petitioner.
Adv.aditya sharma submitted that as per the Art 242 of J&k CSR the retiral benefits cannot be withheld if it is questioned after 24 months and it has to be as per the last withdrawn salary.the petitioner was working as process server in the office of Prinicpal district judge kathua at the time of retirement and the extra salary which he was taken was not come into the notice of any of the authorities and thus the same cannot be questioned after so many months of the retirement of the petitioner.
It was further submitted by the counsel that given excess salary on the account of negligence on the part of the respondents and thus the petitioner adjusted his way of life accordingly and thus it will be harsh at this stage when he had retired from the services and huge recovery is being asked to be recovered from him without there being any act or omission attributable to the petitioner.
After hearing the counsel Adv.Aditya Sharma Division bench quashed the order passed by the respondent whereby the gratuity and pension of the petitioner was withheld and it was further directed to release the same as per the last drawn salary of the petitioner. —(JNF) |
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