Excelsior Correspondent
Srinagar, Sept 22: The Division Bench of High Court today set aside the Single Bench judgment where State Industrial Development Corporation (SIDCO) was directed to release the pensionary and retiral benefits including gratuity in favour of its employee as is paid to the Government employees.
The division bench of Chief Justice Pankaj Mithal and Justice V C Koul set aside the writ court judgment by recording that the same is not sustainable in law.
The DB, however, directed the Corporation to forthwith get the confirmation/ adoption of the Scheme/ JKSPDCL Pension Rules and to issue necessary direction for release of the pensionary/ retiral dues to the respondent/ petitioner, if he is eligible and covered there under, most expeditiously preferably within a period of six months from the date a copy of this order is served upon the respondent Corporation.
The direction followed after it has come on record that the Corporation for the benefit of the employees who came to be appointed before the New Pension Scheme (NPS) had entered into a MoU with the Life Insurance Corporation of India for adoption of JKSPDCL Group Superannuation Scheme which covers 51 employees including the petitioner-Abdul Rashid Makroo.
The scheme has been approved by the Chairman of the Corporation and even by the Chief Minister with the condition to get it confirmed from the Board of Directors of the Corporation. The Board of Directors in one of its meetings has asked the Financial Committee to make fresh recommendations which probably have been made but thereafter the Board meeting had not taken place and, as such, the scheme remains pending approval/ confirmation of the Board.
The up-gradation of the post of petitioner-Makroo as financial analyst court said does not anywhere contain any direction that he will be entitled to pensionary or retiral benefits which are being paid to the Government employees or which are admissible to the employees of the Corporation according to the Jammu & Kashmir Civil Service Regulations.
“The direction was simply that the service conditions would be the same as would be applicable to other employees of the Corporation. Admittedly, no employees other than one Ghulam Qadir Wani was being paid any pensionary or retiral benefits, therefore, the writ court manifestly erred in law in interpreting the absorption order dated 29th August, 2001 as one which provides for grant of pensionary/ retiral benefits to the petitioner-Makroo”, DB said.
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