DEVI SINGH Vs. STATE OF J & K

JUDGEMENT

(1.) Notice to the respondents. Mr. K.D.S. Kotwal, Dy.AG waives notice on behalf of respondent Nos. 1 to 3 and Mr. Vishal Sharma, ASGI for respondent No. 4.

(2.) The petitioner through the medium of instant petition is seeking direction to the respondents to release all the retiral benefits including the gratuity and pension in favour of the petitioner on the basis of last pay drawn by him at the time of his superannuation and to pay the arrears of the pension while taking into consideration Rule 242 of the Civil Services Regulations of 1956 read with the judgment rendered by the Hon'ble Supreme Court of India in State of Punjab v. Rafiq Masih passed in Civil Appeal No. 11527/2014 on 18.12.2014.

(3.) Learned counsel for the petitioner contends that the respondents are under legal obligation to settle the pension case of the petitioner as per the last pay drawn under Article 242 of CSR governing the subject and as per the mandate the average emoluments in respect of a government servant are to be taken into consideration on the basis of last ten months pay and pension and other benefits are to be fixed accordingly. He further contends that in similar cases, the respondents have considered, but, ignored the same in case of the petitioner. Hence this petition on the grounds taken in it.