AMIN MAKHDOOMI Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner, serving as Lecturer in Jammu and Kashmir Education Department, was placed under suspension in terms of Order No. 2618-DSEK of 2001 dated 09.10.2001, by respondent No. 2. It is stated that the petitioner retired from service on 29.02.2008 on attaining the age of superannuation and accordingly provisional pension was sanctioned in his favour by respondent No. 4. However, no retiral benefits viz gratuity, leave salary, general provident fund and commutation pension was sanctioned in his favour, in view of the fact that a case under FIR No. 26/2001 of Police Station, Crime Branch, Srinagar, had been registered against him. Investigations were conducted which culminated in filing of charge sheet before the competent court for judicial determination and the petitioner is facing trial in the case. The petitioner is aggrieved of withholding of his post retiral benefits which include gratuity, G.P. Fund, leave salary etc. and has prayed that his order of suspension be quashed and treat the period of his suspension as on duty by exonerating him from the alleged allegations leveled against him.

(2.) Writ petition came up for consideration and in terms of order dated 06.11.2009; notice was issued to the respondents for filing the objections.

(3.) Respondents have filed the objections and contested the averments made in the writ petition. Respondent No. 4 in his reply has averred that since the petitioner attained the age of superannuation on 29.02.2008, he was granted the provisional pension of Rs. 4838/- on the basis of pension case forwarded by respondent No. 3. Therefore, it is stated that they have done their part as was required of them. Respondents 1 to 3 in their reply have averred that the petitioner is involved in a case registered under FIR No. 26/2001, Police Station, Crime Branch, Srinagar and during the course of investigation 3 written and blank service books, 15 blank answer books and fake certificates were recovered from his possession. It is further averred that the petitioner was found involved in fabrication of records and fake appointment of teachers in district Anantnag. It is further averred that the petitioner was placed under suspension and he retired from service during the suspension period. Provisional pension has been sanctioned in favour of the petitioner and his pension case stands settled under PPO No. 1193 and the gratuity/commutation has also been settled. However, it is averred that petitioner's leave salary and other service benefits could not be settled because he was not reinstated before his retirement and was found involved in the FIR supra. It is further pleaded that unless and until criminal proceedings pending against the petitioner come to an end, it is not possible for the respondents 1 to 3 to settle his claim and it can be settled only in the light of the judgement of the criminal Court.