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| Consider release of DA to petitioner: HC directs Govt. | | | early times report
Jammu, May 15: The Jammu and Kashmir High Court today directed the Power Development Department to consider release of dearness relief in favour of the ex personnel of Indian Navy who worked in the department after retirement. In a petition filed by one Surat Singh against Union of India and Ors submitted that after superannuation as Non-commissioned Officer of the Indian Navy, the petitioner served the Power Development Department of the State Government from July 1997 to February 2006 as Junior Engineer, on re-employment. His claim to Dearness Relief on Pension from Navy was declined on the ground that his pay having not been fixed at the minimum of the pay scale during his re-employment; he was disentitled to the Dearness Relief on Pension. According to the respondents, the pay of the petitioner having been fixed allowing him the benefit of eight increments, he was not entitled to Dearness Relief on Pension because in terms of the Office Memorandum, it was available only to those re-employed officers whose pay was fixed in the minimum of the pay scale. Justice JP Singh of J&K High Court Jammu Wing approved for reporting judgment after hearing Adv JP Gandhi for the petitioner whereas Adv Sandeep Sharma appeared for the respondents observed that such Junior Engineer who possesses the qualification of Bachelor in Engineering, additionally becomes entitled to the benefits of eight advance increments. This entitlement does not in anyway change his pay scale and all that he gets, in terms of the Rule, is the benefit of eight additional increments which would not fall within the definition of the expression "pay" appearing in Clause 3 (a) of the Office Memorandum. The increments allowable to a Degree Holder Junior Engineer, having not been notified or classified as salary or pay as such, which does not partake the character of special pay or personal pay, the increments drawn by such Junior Engineer would not, therefore, affect in any way his initial pay of Rs.1400 and allowed the petition with the direction to the respondents to consider allowance of Dearness Relief on Pension to the petitioner in terms of Office Memorandum Dated July 2, 1999. (JNF)
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