SURJEET SINGH Vs. STATE OF J & K

JUDGEMENT

(1.) Notice to the respondents. Mr. K.D.S.Kotwal, Dy.AG waives notice on behalf of respondents 1 to 4 and Mr. Vishal Sharma, ASGI waives notice on behalf of respondents No.5 and 6.

(2.) Through the medium of instant petition, the petitioner seeks quashing of impugned communication dated 13.09.2019 whereby the respondent No.5 has returned the pension case of the petitioner to respondent Nos. 2 and 4 on the premises that the petitioner has taken the benefit of SRO 149 of 1973 and all such orders have been rescinded vide Govt. Order No.227-PW(Hyd) of 2010 dated 06.06.2010 was unwarranted and deserves to be quashed as the same has been so issued without checking the service book of the petitioner as the said benefit was no longer available to the petitioner and stands withdrawn, i.e., benefit of SRO 149 of 1973, and the department having already made recovery of the amount paid in this regard from the salary of the petitioner as is also evident from the service record of the petitioner. It is further prayed that the respondents may be commanded to forthwith settle and release all the retiral benefits including the gratuity and service pension in favour of the petitioner on the basis of the last pay drawn by him at the time of superannuation and to pay the arrears of pension while taking into consideration Article 242 of the J&K Civil Service Regulations, 1956 and the law laid down in this regard.

(3.) Petitioner retired from service in June, 2019. The pensionary and other retiral benefits have not been paid to him on the alleged ground that he has taken some benefits under SRO 149. It is stated that the benefits, which were earlier obtained by the petitioner under the aforesaid SRO have since been returned and, therefore, such an objection cannot be used for the purposes of withholding the pensionary benefits.