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Judgment
The petition is admitted for hearing.Â
With the consent of the learned counsel for the parties, the matter is heard finally.Â
In this petition, the petitioner, inter alia, seeks writ of certiorari for quashment of order dated 12.06.2009, passed by the respondent No.5 as well as
order dated 26.08.2010, passed by respondent No.2- Director Health Services Jammu, by which the leave in favour of the petitioner has not been
sanctioned.Â
The petitioner also seeks writ of certiorari for quashment of order dated 05.04.2012 passed by respondent No.2- Director Health Services, Jammu, to
the extent by which the period from 28.01.2002 to 28.12.2007, has been treated as ""Dies-non'' without pensionary benefits in favour of the
petitioner. The petitioner further seeks quashment of order passed by respondent No.5 by which the pension of the petitioner has been fixed at
Rs.6320 against the grade applicable at the time of retirement of the petitioner. The petitioner also seeks quashment of order passed by respondent
No.5 insofar as it pertains to the recovery of Rs.34047.00 as excess of gratuity in favour of the petitioner.Â
Facts giving rise to the filing of the present petition briefly stated are that the petitioner was appointed as a Female Multi-Purpose Health Worker on
26.07.1974. She superannuated on 31.12.2007. The petitioner remained absent from duty from 01.05.2001 to 28.12.2007. It is the case of the
petitioner that the petitioner could not attend her duties due to her illness. The petitioner resumed her duties on 29.12.2007. The respondent No.5 by
an order dated 12.06.2009 directed the respondent No.4 that the application for commutation of pension in Form-D or Form-F cannot be admitted at
this stage as the case has been preferred after more than one year from the date of her retirement and she will have to apply in Form-ABC and to
undergo a medical examination of the prescribed Medical Board. The respondent No.2 by impugned order dated 05.04.2012 treated the period from
28.01.2002 to 28.12.2007 as “Dies Non†without pensionary benefits in favour of the petitioner, in view of Article 163 of the J&K Civil Service
Regulations Vol.1. Being aggrieved, the petitioner has approached this Court.Â
When the matter was taken up today, learned counsel for the petitioner submitted that since the petitioner was permitted to join, therefore, in view of
reference to Article 203 of the J&K Civil Service Regulations, the petitioner is entitled to the pensionary benefits and other service benefits. It is
further submitted that the impugned order dated 05.04.2012 has been passed without affording an opportunity of hearing to the petitioner. On the
other hand, learned counsel appearing on behalf of respondent Nos. 1 to 4 failed to point out either any opportunity of hearing was afforded to the
petitioner or any notice was issued to her before passing the impugned order. Â
I have considered the submissions made by the learned counsel for the parties and have perused the record. In view of the submissions that the
impugned order dated 05.04.2012 has been passed without affording an opportunity of hearing to the petitioner, the same is nonest. The impugned
order dated
05.04.2012 is hereby quashed and the respondents are directed to take a decision with regard to grant of pensionary benefits in favour of the petitioner
in the light of Article 203 and other relevant provisions of the Jammu and Kashmir Civil Service Regulations and in light of the order dated 04.04.2009
by which the leave has been sanctioned in favour of the petitioner, after affording an opportunity of hearing to the petitioner.  Let the aforesaid
exercise be carried out within a period of three months from the date of receipt of a certified copy of the order passed today.Â
With the aforesaid directions, the writ petition is disposed of accordingly, along with connected MP.