STATE OF J&K Vs. MOHD AKBAR MIR

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against order daied:28.09.2000 passed by the learned Single Judge whereby the writ petition filed by the writ petitioner, namely, the respondent herein, was accepted and the respondents therein, i.e. the appellants herein, were directed to make payment of the unpaid salary to the respondent for the period for which he had worked, i.e., from August. 1995 to ending July. 1996 as well as to pay him the pensionary and gratuity benefits in accordance with the provisions of the Civil Service Regulations. The respondents were also held liable to pay interest at the rate of 12% per annum on the unpaid amount from the date of the order till the payment was made.

(2.) IN brief, the facts are that the respondent was working as Deputy Registrar in the Co -operative Department. His date of birth in the service book on the basis of matriculation certification was recorded as 2nd July, 1936. As per the recorded date of birth, he was to retire on superannuation from service on 31st July, 1994. The respondent filed a suit in the court of II Additional Munsiff, Srinagar, against the Board of School Education praying therein that his date of birth be declared as 2nd July, 1938 instead of 2nd July; 1936. The appellants, who were the employers of the respondent, were not made partyâ„¢ to the suit. The suit was decreed ex -parte. The Board of School Education was directed to make necessary correction in the date of birth of the respondent. The Government issued order dated: - 17th November, 1993 directing that the respondent shall retire from service w.e.f 31st July. 1994. The said Government order was challenged by the respondent in a civil suit filed by him in the court of IV Additional District Judge, Srinagar. Anex -parte order dated: - 29th July, 1994 was passed by the Learned IV Additional District Judge directing the appellants not to retire the respondent. On 26th June, 1995, the respondent was attached with the office of Additional Registrar. Cooperatives. The order of attachment was challenged by the respondent before the civil court and he obtained an ex -parte order daiecl; - 29th June. 1995. The said order was vacated by the High Court in Revision Petition filed by one of the affected parties. The respondent was not paid salary from July, 1995. In the month of July, 1996, the respondent filed writ petition No. 1791/96 praying therein that the respondents (appellants herein) be directed to pay salary to the petitioner from the month of August 1995 up to ending July, 1996 and to sanction pension, gratuity and other benefits to him as envisaged by the Civil Service Regulations on his attaining the age of superannuation with the end of the month of July 1996. By the impugned order the learned Single Judge allowed the aforesaid writ petition winch order is subject matter of this appeal.

(3.) AS noticed above, in the writ petition, the respondent claimed arrears of salary and pensionary benefits by taking his date of birth to be 2nd July, 1939.