GHULAM RASOOD KHAN Vs. STATE OF J & K

JUDGEMENT

(1.) THE petitioner, a retired Govt. servant, in this petition under Art. 226 of the Constitution of India read with S. 113 of the state Constitution prays for a writ of Mandamus, directing the respondents to process and finalise the payment of pension and gratuity due to the petitioner along -with last earned pay dues with the award of penal interest on such amount having fallen due to him.

(2.) ON presentation of the petition, a show -cause notice was issued by this court vide order dated 37.1985. Several opportunities on appearance of the respondents were given to them to file the objections, but same were not filed with the result the petition has been admitted to hearing on 13 -10 -86 with opportunity to the respondents appearing through Mr. M.M. Din, Addl. Advocate General and A.M. Mir for respondent No. 5, to file the counter. The right to file the counter appears to have been closed by this court vide order dated 21 -2 -1987. The respondents except respondent No : 5 are now represented by Aziz, Govt. Advocate, indicated above, while nobody appears for respondent No : 5 who shall be deemed to have been proceeded exparate.

(3.) THE writ petition was heard without any counter by the respondents. I therefore, propose to dispose the petition without counter and on the basis of the material brought on record by the petitioner and also in the absence of the record not produced by the respondents.