QAZI GHULAM JEELANI Vs. STATE

JUDGEMENT

(1.) By the instant petition, petitioner seeks a writ of certiorari to the effect that communication bearing no. 17021-26 dtd. 26/3/2019 addressed by the respondent no. 2 to the petitioner be quashed and by a writ of mandamus the respondents be directed to pay Leave Salary, Gratuity, Commutation and other pensionary benefits to the petitioner and also forward his case to the Accountant General for drawal of pensionary and other retiral benefits as early as possible so that the petitioner receives the benefits without any obstruction or hindrance of any kind whatsoever.

(2.) The controversy, as per the pleadings, is simply that petitioner retired as Executive Engineer in the respondent department on 31/3/2019, however, his case for pensionary and retiral benefits was not processed despite requests and instead a letter bearing no. 17021-26 dtd. 26/3/2019, was issued by respondent no. 4 calling upon petitioner 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. The communication further conveyed the petitioner that Crime Branch Kashmir has reported that you have been asked to furnish the copy of your DOB and attested copy of your service book in the Crime Branch for ascertaining the genuinity of the DOB, which you have not furnished so far. It further provided that till such time the petitioner's pensionary benefits as well as the pension case shall not be forwarded to the Accountant General.

(3.) It is further stated that the respondents have issued some process against the petitioner which has taken a shape of enquiry for the alleged DOB fudging.