MOHD. IQBAL SHAPOO Vs. STATE OF JAMMU AND KASHMIR THROUGH ITS CHIEF SECRETARY, JAMMU AND KASHMIR GOVT. & OTHERS

JUDGEMENT

(1.) The petitioner, a Head Assistant in the Education Department of the State Government retired on superannuation in the year 2006 while working as Incharge Section Officer when he was drawing Rs.6350/-(Rupees Six Thousand Three Hundred Fifty) as his salary. His pension was, however, fixed taking his salary at Rs.6320/- (Rupees Six Thousand Three Hundred Twenty) on the ground that his salary was wrongly fixed at Rs.1350/- (Rupees One Thousand Three Hundred Fifty) instead of Rs.1320/- (Rupees One Thousand Three Hundred Twenty) in the year 1990. Gratuity of Rs. 40,000/-(Rupees Forty Thousand) payable to him too was, accordingly withheld.

(2.) The petitioner has questioned the Accountant General Jammu's action in fixing his pension taking his last drawn pay at Rs.6200/- (Rupees Six Thousand Two Hundred) on the ground that pay fixed at Rs.1350/- (Rupees One Thousand Three Hundred Fifty) in the year 1990 was not open to reexamination in terms of Article 242 of the Jammu and Kashmir Civil Service Regulations, 1956 and the Government instructions issued in this behalf forming part of the Statute.

(3.) Reliance is placed on Sant Singh v. State & Ors., 2011 3 JKJ 519 by the petitioner's learned counsel to support the petitioner's Claim in the Writ Petition.