Mohd. Iqbal Shapoo v. State Of J&K through its Chief Secretary, J&K Govt.
2012-09-13
J.P.Singh
body2012
DigiLaw.ai
1. The petitioner, a Head Assistant in the Education Department of the State Government retired on superannuation in the year 2006 while working as Incharge Section Officer when he was drawing Rs.6350/-(Rupees Six Thousand Three Hundred Fifty) as his salary. His pension was, however, fixed taking his salary at Rs.6320/- (Rupees Six Thousand Three Hundred Twenty) on the ground that his salary was wrongly fixed at Rs.1350/- (Rupees One Thousand Three Hundred Fifty) instead of Rs.1320/- (Rupees One Thousand Three Hundred Twenty) in the year 1990. Gratuity of Rs. 40,0007-(Rupees Forty Thousand) payable to him too was, accordingly withheld. 2. The petitioner has questioned the Accountant General Jammu's action in fixing his pension taking his last drawn pay at Rs.6200/- (Rupees Six Thousand Two Hundred) on the ground that pay fixed at Rs.1350/- (Rupees One Thousand Three Hundred Fifty ) in the year 1990 was not open to reexamination in terms of Article 242 of the Jammu and Kashmir Civil Service Regulations, 1956 and the Government instructions issued in this behalf forming part of the Statute. 3. Reliance is placed on Sant Singh v. State & Ors. reported as 2011 (3) JKJ 519 by the petitioner's learned counsel to support the petitioner's Claim in the Writ Petition. 4. I have considered the submissions of learned counsel for the parties and perused the Judgment delivered in Sant Singh's case. 5. In view of the provisions of Article 242 of the Jammu and Kashmir Civil Service Regulations, 1956, read with Government instructions, the Accountant General could not enter into the arena of re-examination of the petitioner's pay fixed in the year 1990, which specifically prohibit examination on the correctness of pay of a Government Servant beyond 24 (Twenty-four) Months preceding his retirement; his action in fixing the petitioner's pension taking his last drawn pay at Rs. 6200/- (Rupees Six Thousand Two Hundred) finding that his pay was wrongly fixed at Rs.1350/- in the year 1990, is, therefore, unwarranted and cannot be sustained in view of the legal position settled by this Court in its various decisions including the one in Sant Singh's case (Supra). The petitioner's Pension is, therefore, required to be fixed on the basis of his actual pay drawn at Rs.6350/- and not at Rs.6200/-as done by the Accountant General. 6. This Petition, accordingly, succeeds and is, therefore, allowed.
The petitioner's Pension is, therefore, required to be fixed on the basis of his actual pay drawn at Rs.6350/- and not at Rs.6200/-as done by the Accountant General. 6. This Petition, accordingly, succeeds and is, therefore, allowed. A direction shall issue to the Accountant General, Jammu to issue fresh payment order within a month's time to the petitioner fixing his Pension on the last Pay drawn at Rs. 6350/- (Rupees Six Thousand Three Hundred Fifty). The Gratuity shall also be also released within the same period. 7. In case the Gratuity and arrears of Pension were not released within a month's time, the petitioner shall be paid interest too @ 6% per annum on the amount to which he is held entitled.