SOBA RAM Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The petitioner is a retired employee of the Public Works Department. His prayer is that although he was retired from service in the year 1984 but pensionary benefits have been denied to him. Therefore, be seeks a direction to the respondents to grant him pensionary benefits. The undisputed facts of the case are as follows.

(2.) The petitioner was engaged as Gang Cooli on daily wage basis on 15.7.1956 in PWD(R&B) Division. He was brought on regular establishment in terms of the cabinet Decision No. 119 dated 14.3.1980 read with Government order No. PW-458 of 1981 dated 1.9.1981 w.e.f. 9.2.1984. He was retired from service w.e.f. 31.5.1986 on attaining the age of 55 years in terms of Article 226 of the Jammu and Kashmir Civil Service Regulation. He approached the Labour Court against his pre-mature retirement. The Presiding Officer Industrial Tribunal/Labour Court vide award dated 15.7.1988 awarded him one month's pay in lieu of notice of retrenchment and 15 months pay as compensation at the rate of Rs. 561.40 besides gratuity amounting to Rs. 8421/-. He was also awarded interest at the rate of 12%. So the amount of Rs. 16842/- in addition to one month's pay was awarded to him by the Tribunal for his pre-mature retirement. This award has been satisfied.

(3.) The petitioner now claims pensionary benefits on the ground that he was wrongly retired because he had to retire at the age of 60 years under the proviso to Article 226(1) of the Civil Service Regulation.