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2020 DIGILAW 25 (JK)

Abdul Rashid v. Union Territory Of J&K

2020-01-23

SINDHU SHARMA

body2020
JUDGMENT 1. Notice. 2. Mr. Vishal Sharma, learned ASGI accepts notice on behalf of the respondent No. 4. 3. With the consent of learned counsel for the parties, the writ petition is taken up for final disposal. 1. Petitioner was engaged as Daily Wager and was brought into regular establishment w.e.f. 01.08.1985 as Helper in the pay Scale of Rs.345-460 and subsequently as Assistant Motor man. 2. It is submitted that at the time of superannuation on 30.06.2019, the petitioner was in the pay scale of Rs.5200-20200 (pre-revised). The case of the petitioner for settlement of pensionary and other retiral benefits was forwarded by respondent Nos.1 to 3 to respondent No.4 as per the last pay received by the petitioner but respondent No.4 instead of settling the claim of the petitioner as per the last pay received by him, settled the pension of the petitioner on a lower pay scale without taking into consideration the last pay of the petitioner. 3. He, thus, seeks a direction to the respondents to settle the pension of the petitioner as per the last pay drawn by him at the time of his superannuation and pay the arrears of pension after referring the same alongwith gratuity. 4. Learned counsel for the petitioner placed reliance on judgements passed in an identical matters i.e. SWP No. 2622/2018, SWP Nos.1686/2013, 988/2011, 1128/2010, 1129/2010 and 1310/2010 and submits that he would be satisfied if the present writ petition is disposed of by directing the respondents to consider the claim of the petitioner for pension in view of the orders passed in the aforementioned writ petitions. 5. In view of the above, this writ petition is disposed of with a direction to the respondents, particularly respondent No.4, to consider the claim of the petitioner for settlement of his pension case within a period of eight weeks from the date certified copy of this order is made available to him. While considering the claim, respondent No.4 shall take note of the recommendations made by respondent Nos.1 to 3 as also the judgment rendered in SWP No.2622/2018 and other connected matters provided the petitioner is similarly situated with the writ petitioners of the aforesaid writ petitions. 6. Writ petition stands disposed of alongwith CM in the above terms.