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| HC comes to rescue of employee | | | EARLY TIMES REPORT
JAMMU, Nov:22 (JNF):- Petitioner Brij Mohini filed a petition seeking direction to the respondents to grant in her favour the leave salary from the period November 5, 1974 to February 3, 1979, pay dues from April 1974 to August 1974 and November 1974 onwards upto November 1998 and also fix her pay keeping in view the revision of pay scales and next higher grade. The respondents have filed the reply. Petitioner who is in second round of litigation has filed the rejoinder. In the first round of litigation she filed a petition in 1992 came to be allowed vide judgment dated November 5, 1998 with the direction to the respondents to settle the leave period of petitioner and to issue order of posting in her favour. Petitioner was directed submit her joining report to Chief Education Officer Jammu. The dispute in the said judgment was about release of salary to the petitioner from February, 1979, leave salary from 1974 to 1979, pay salary for the period of April 1974 to August 1974 and for onward period from November 1974 till the filling of the writ petition. Petitioner has also sought promotion to the next higher grade.
Justice Mansoor Ahmed Mir of J&K High Court Jammu Wing after hearing Adv SK Raina for the petitioner whereas Deputy AG Neeru Goswami appeared for the Education Dept observed that the petitioner was allowed to join her posting was ordered and she drew salary thereafter but neither her service benefits for the period mentioned above has been settled nor she has been placed in the higher grade in terms of the said judgment. Constraining to file so may representations but in vain. It is further averred that in the meanwhile she had reached her retirement. It is admitted fact that the respondents have not questioned the judgment passed by this Court and have neither conducted enquiry nor settle the period in question.
Court further observed that in the given circumstances deem it proper to direct the respondents to process the case of the petitioner for grant of pension while calculating the period in dispute for the purpose of pensionary benefits only, while keeping in view her entitlement to higher grade, if any under rules and submit case of the petitioner to higher authorities for grant of pensionary benefits. Court further directed the respondents to complete the entire exercise within a period of three months.
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