Excelsior Correspondent
Srinagar, May 15: Observing that Government cannot withhold the pensionary and retiral benefits of its employee after his or her superannuation despite the retiree is found to be involved in an alleged incrimination, High Court directed for release of all pensionary and retiral benefits of retired employee.
Justice Ali Mohammad Magrey directed the Public Works Department to release all the pensionary and retiral benefits in favour of retired employee- Qazi Ghulam Jeelani who has retired as Executive Engineer, notwithstanding pendency of any disciplinary proceedings against him.
Justice Magrey held that it is not open to the respondent-employer to withhold the retiral benefits of a Government employee on the basis of something incriminating alleged against him after the later reached the age of superannuation.
As and when an employee, court said, reaches the age of superannuation and retires from active service he ceases to be an employee, therefore, cannot be subjected to any disciplinary proceedings so much so that even the provision of initiating enquiry is not open to respondent employer.
Justice Magrey while allowing the petition of the petitioner-Jeelani added that a great prejudice has been caused to him by withholding his pensionary and retiral benefits as he along with his family must have been subjected to great hardships in absence of the source of sustenance. “The pensionary benefit is a deemed right of an employee and is aimed at ensuring that a retired employee lives a peaceful and dignified life. Snatching or withholding of such a valuable right amounts to infringing the fundamental right to livelihood guaranteed by the Constitution”, Justice Magrey recorded.
Petitioner-Jeelani has approached the court for seeking direction to release his pay leave salary, gratuity, and other pensionary benefits to him and also forward his case to the Accountant General for drawal of pensionary and other retiral benefits as early as possible so that the he receives the benefits without any obstruction or hindrance of any kind whatsoever.
The controversy, as per the pleadings, was that he retired as Executive Engineer in the respondent department on 31st March, 2019, however, his case for pensionary and retiral benefits was not processed despite requests and instead was called to furnish the copy of Date of Birth Certificate within two days positively to enable the directorate to verify the genuinity of the same from the competent authority and communicate the report to Crime Branch Kashmir with the condition till such time his pensionary benefits as well as the pension case shall not be forwarded to the Accountant General.
Respondents-Department resisted the petition on the ground that based on a complaint lodged with the State Crime Branch regarding the genuineness of the date of birth of the petitioner recorded in the service book, the Crime Branch has taken cognizance of the same, therefore, the petitioner was directed to furnish the requisite documents which are still awaited.
Meantime Government constituted a committee to determine the alleged fudging of documents and misplacement of service book (if any) of the petitioner. The said committee was asked to complete the assignment and submit its report by 10th July, 2019.
“In view of above, the writ petition succeeds and is allowed as such along with all applications and by a Writ of Certiorari the impugned Government Order No. 236-PW(Hyd) of 2019 dated 03.07.2019 issued by respondent no. 1 and the impugned communication bearing no. 17021-26 dated 26.03.2019 issued by respondent no. 2 are quashed”, Court concluded.
Follow our WhatsApp channel