JUDGMENT : ALI MOHAMMAD MAGREY, J. 1. Challenge in the instant petition is made to the order passed by the Central Administrative Tribunal Bench, Jammu, (Hereinafter referred to as the CAT Bench) on 22nd of September, 2020 in O.A. No. 577/2020 in case titled Ghulam Ahmad Wani vs. Director, Horticulture, Planning and Marketing and Another, as also the order of suspension bearing No. 182/DHPM of 2020 dated 13th of August, 2020, issued by the Respondent No. 2/Director Horticulture Planning and Marketing, with further relief of allowing the instant writ petition with direction to the respondents to process the case of the petitioner for release of retirement benefits i.e. pension, leave salary, gratuity etc. Brief Facts of the Case: 2. The petitioner while in service states to have been placed under suspension, pending inquiry, in terms of order bearing No. 182/DHPM of 2020 dated 13th of August, 2020, issued by the Respondent No. 2. 3. Immediately, after suspension, the petitioner claims to have retired from service on 31st of October, 2020, as notified by the respondents in terms of notification dated 13th of June, 2020. Withholding of pensionary benefits after retirement is claimed to have been the cause of action for the petitioner for approaching the CAT Bench, for its release. 4. We have heard learned counsel for the parties and considered the material on record. 5. The question whether Respondent No. 2/Director Horticulture Planning and Marketing is competent to place the petitioner under suspension, alongwith other questions qua relief claimed in the OA is pending before CAT Bench, for final decision, therefore, it shall not be proper to discuss the merit of the case, that may prejudice the rights of the parties. 6. Regarding the contention of the learned counsel for the petitioner that pending decision in the OA, the petitioner was entitled to the release of pensionary benefits including leave salary, gratuity etc, by application of Article 168-A and 168-D of Civil Service Regulations, with further application of judgment rendered by Division Bench of this Court in case titled Gh.
6. Regarding the contention of the learned counsel for the petitioner that pending decision in the OA, the petitioner was entitled to the release of pensionary benefits including leave salary, gratuity etc, by application of Article 168-A and 168-D of Civil Service Regulations, with further application of judgment rendered by Division Bench of this Court in case titled Gh. Mohi-Ud-Din Lone vs. State of J.K. and Others, 2020 (6) JKJ 346 [HC], we are not inclined to make any observation or record any finding as regards the entitlement of the petitioner by application of such law because that would amount to deciding the matter which is subject of OA before CAT Bench, Jammu, but not withstanding such observations, we are satisfied to issue directions to the respondents for concluding the departmental proceedings as initiated against the petitioner before his retirement as also for release of provisional pending, subject to further result of proceedings pending before the CAT Bench. 7. In the above background, this writ petition is allowed to the following extent: (i) Respondents are directed to conclude the departmental proceedings against the petitioner within two months from the date copy of the order is served on them. (ii) Respondent No. 2/Director Horticulture Planning and Marketing, shall process the case of the petitioner for release of provisional pension as also leave salary, gratuity till final disposal of the OA pending before CAT Bench. 8. Writ petition alongwith connected CM's shall stand disposed of on the above terms.