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2009 DIGILAW 616 (JK)

Mohd. Maqbool Bhat v. State Of J. &K.

2009-12-07

MUZAFFAR HUSSAIN ATTAR

body2009
1. This petition merits dismissal as it is not only misconceived but filing of the same is ill advised as well. 2. Petitioners were engaged as Assistant Instructor/Assistant Craftsman and Senior Craftsman on Contractual basis. The State Government which is duty bound to function in accordance with the Constitutional provisions and other laws and which according to the Constitution is a welfare State, in order to mitigate the hardships of these contractual employees, took a policy decision for bringing them on regular time pay scales. The policy decision of the State Government got crystallized and reflected in Government Order No. 157-IND of 1991 dated 21.06.1991. Besides, petitioners scores of other similar circumstanced contractual employees were brought on regular time pay scales. 3. As some of the contractual employees after being brought on regular time scale retired on superannuation, but because of short spell of regular service could not get the pensionary benefits, the Government again took a decision and decided to add that part of the contractual period of service, which would make up deficiency in qualifying service, to enable the beneficiaries to get pensionary benefit under Article 240 AAA of J&K CSR, and accordingly Government Order No. 54-IND of 1998 dated 10th February, 1998 was issued. 4. Petitioners have filed this petition for seeking direction to respondents to implement the said Government order and for releasing all consequential benefits in favour of the petitioners by counting their entire contractual service as qualifying service for grant of pensionary benefits. 5. On notice issued in this petition, respondents 1 and 2 have filed objections which are in tune with the Government Order No. 54-IND of 1998 dated 10.02.1998. 6. Heard learned counsel for parties. Considered the matter. 7. Mr. Furrahi, learned counsel appearing for petitioners submitted that the contractual employees who were brought on regular time pay scale, in terms of Government order No. 157-IND of 1991 dated 21.06.1991, are getting pensionary benefits at varying rates. Learned counsel further submitted that in terms of Government Order No. 54-IND of 1998 dated 10.02.1998, petitioners are entitled to get the entire contractual period of service counted as qualifying service. 8. The benefits which are flowing to the petitioner from the Government order No. 54-IND of 1998 have been already extended to them. Learned counsel further submitted that in terms of Government Order No. 54-IND of 1998 dated 10.02.1998, petitioners are entitled to get the entire contractual period of service counted as qualifying service. 8. The benefits which are flowing to the petitioner from the Government order No. 54-IND of 1998 have been already extended to them. Petitioners, are either confused or because of ill advise they have filed this writ petition seeking a direction that the entire contractual period of service be directed to be treated as qualifying service on the strength of Government Order No. 54-IND of 1998. Government order No. 54-IND of 1998, which is reproduced as under: "GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECTT: Industries and Commerce Deptt. Subject:- Counting of contractual period of service towards qualifying services for pensionary benefits in favour of Asstt. Craftsmen/ Craftsmenhandicrafts Department. Reference:- GeneralAdministration Departments No. GDC-01/CM/98 dated 5.2.1998. Government Order No. 54-IND of 1998 Dated: 10.2.2998 Sanction is accorded to the counting of such portion of contractual period of service in favour of all employees who were brought on temporary regular establishment and placed in time/pay scales vide Government Order No. 157-Ind of 191 dated 21.6.1991 as makes up their deficiency in qualifying service to enable them to get pensionary benefits under Article 240 AAA of J&K CSRs in relaxation of Rules. This issues with the concurrence of the Finance Department conveyed vide their U.O No A/48 (95)-II-815 dated 24.10.1997. By order of the Government of Jammu and Kashmir. Sd/ Under Secretary to Govt. Industries and Commerce Deptt." 9. Perusal of the said order reveals that sanction was accorded to the counting of such portion of contractual period of service in favour of all employees who were brought on regular temporary establishment and placed in regular pay scales vide Government order No. 157-IND of 1991 dated 21.6.1991, as makes up their deficiency in qualifying service to enable them to get pensionary benefits. The said Government order has been accepted by the petitioner and no challenge is thrown to the terms and conditions contained in the said Government order. In terms of the said Government order petitioners are entitled to counting of such period of contractual service which should make up the deficiency in qualifying service, so as to enable them to get pensionary benefits. The entire period of contractual service cannot be counted as qualifying service. In terms of the said Government order petitioners are entitled to counting of such period of contractual service which should make up the deficiency in qualifying service, so as to enable them to get pensionary benefits. The entire period of contractual service cannot be counted as qualifying service. There is bound to be difference in the payment of pensionary benefits as the pension is being paid on the qualifying service which an employee has at his back. The petitioners could make up the deficiency in qualifying service only on the strength of Government order (supra). Petitioner on the terms and conditions of Government order (supra) are not entitled to relief sought for in the writ petition. 10. For the above stated reasons, this petition is held to be not maintainable, and is dismissed along with all connected CMP(s).