High CourtsSINGLE BENCH

Ali Mohammad Wani vs State of J&K &Anr.

Jammu And Kashmir High Court · Decided on 27 April 2017 · Citation: (2017) 04 J&K CK 0010

HON’BLE JUDGES
Ramalingam Sudhakar
RESULT
Disposed Of
CASE NUMBER
758 of 2016

AI Structured Summary

Not yet generated for this judgment

Judgment

15 paragraphs · 241 words
1.

The relief sought in the writ petition is as follows:-

By a writ of Mandamus

A) The respondents be directed to disburse retiral benefits including Gratuity, leave salary, commuted value of pension together with the differential

amount of salary for suspension period.

B) The respondents be further directed to disburse the claim in favour of the petitioner alongwith interest @ 18% from the date of claim till its final

realization.

2.

Petitioner claims to have retired from service while facing trial in a criminal case. The respondents are allowing only the provisional pension and

the due retirement benefits have been retained. Petitioner was reinstated in service after suspension and he continued on duty till retirement. The

allegation against the petitioner is that he has shown irregularity in registration of vehicles.

3.

According to the petitioner the departmental inquiry after retirement is not justified. Petitioner submits that due to the pendency of the criminal

case he is suffering. He is entitled to the post retiral benefits. He pleads that employee employer relationship has been severed, therefore, he is

entitled to consequential benefits.

4.

The writ petition is disposed of alongwith all connected MPs in the following manner:- Petitioner shall make a representation before the

respondents-competent authority and the competent authority is directed to decide it on merits within a period of four weeks from the date copy of

this order is served on them and communicate the same to the petitioner.