SURINDER MOHAN SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of this writ petition, the petitioner is seeking a direction to the respondents to release the amount of gratuity in his favour and also to fix his pension as per the Last Pay Certificate, on the grounds taken in the writ petition. The facts as pleaded in the writ petition are that the petitioner was appointed as a Junior Accountant in the year 1975 in the pre-revised pay scale of Rs. 200-520 after he was selected and deputed to undergo Subordinate Accounts Course Part-1 in the year 1974. His pay scale was revised from time to time and finally he was granted in-situ promotion with effect from 01.01.1995. Further case of the petitioner is that he was granted annual increments with effect from 01.01.1996 and he came to be retired from Government service on 28.02.2011. Accordingly, his pension case was forwarded to the Office of Accountant General on the basis of Last Pay Certificate issued by the Principal, Government Higher Secondary School, Gandhi Nagar, Jammu, respondent No. 2 herein. However, the Office of Accountant General has withheld the amount of gratuity of petitioner and is not fixing the pension as per his Last Pay Certificate on the ground that he had not qualified Subordinate Accounts Course, Part-1. It has further directed respondent No. 2 to recover the excess amount drawn in favour of petitioner on account of release of increments with effect from 01.01.1996.

(2.) Respondent No. 1 has failed to file objections; therefore, its right to file the same came to be closed in terms of order dated 25.02.2014. Vide the same order respondent No. 2 also came to be set ex-parte.

(3.) Respondents 3 & 4 have filed objections resisting the claim of petitioner. It is contended that since the petitioner did not pass Subordinate Accounts Course Part-1 during his entire period of Service, therefore, under rules neither he is eligible to get his pension as per his Last Pay Certificate nor was entitled to get annual increments with effect from 01.01.1996. Further, it is contended that the petitioner has already been allowed admissible pension on the pay actually due because in terms of Schedule XI of J&K CSR Vol.11, the unqualified Accountant shall be allowed minimum of the pay scale and grant of increments will be subject to passing of prescribed SAC Part-1 Examination.