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2017 DIGILAW 735 (JK)

Suresh Kumar Raina v. J&K State Financial Corp.

2017-08-25

ALOK ARADHE

body2017
JUDGMENT : Mr. Ahtsham Bhat, learned GA and Mr. Tarun Sharma, learned GA on advance notice. 2. Petition is admitted for hearing. With the consent of learned counsel for the parties, the matter is heard finally. 3. In this petition, the petitioners inter alia seek a writ of mandamus directing the respondents to release all the resultant benefits of 6th Pay Commission in favour of the petitioners in terms of Government Order No.256-F of 2009 dated 17.11.2009 read with SRO 94 of 2009 dated 15.04.2009 and SRO 266 of 2009 upto their respective date of retirement @ 15%. Petitioners also seek a direction to the respondents to calculate the gratuity of the petitioners at the enhanced ceiling rate of Rs.10.00 Lac. and pay the same after deducting the gratuity amount already released in their favour alongwith interest @ 15% per annum. Petitioners also seek a writ of mandamus commanding the respondents to recalculate their retrial benefits after giving the benefit of 6th Pay Commission w.e.f. 01.01.2006 and release the same after deducting the amount already received by them with interest @ 15% per annum. 4. When the matter was taken up today, learned counsel for the petitioners submits that the controversy involved in the instant writ petition is squarely covered by an order dated 20.02.2017 passed by the Division Bench of this Court in LPA(SW) No.25/2017 and the competent authority be directed to decide the claims of the petitioners in the light of the aforesaid order passed by the Division Bench by a speaking order within a fixed time limit. 5. Mr. Ahtsham Bhat, learned GA submits that a suitable decision with regard to the claims of the petitioners shall be taken in accordance with law. 6. In view of the submissions made by learned counsel for the parties and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to consider the claims of the petitioners in the light of the order dated 20.02.2017 passed in LPASW No.25/2017 by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today. Needless to state that in case, the cases of the petitioners are found to be similar to that of the appellants in LPA(SW), the similar benefits shall be extended to them. 7. Needless to state that in case, the cases of the petitioners are found to be similar to that of the appellants in LPA(SW), the similar benefits shall be extended to them. 7. With the aforesaid directions, the writ petition is disposed of. Certified copy as per rules.