RAJA Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The petitioner- Mohammad Ramzan Tantray, through the medium of the instant petition, seeks quashment of impugned letter bearing no. FD/ELFAP/1091 dtd. 15/10/2014 passed by respondent no.4, whereby the respondent no.4 has recommended the respondent no.3 to effect the recovery on account of up gradation w.e.f 1/5/1994 till the date of superannuation of the petitioners. The petitioner has also sought a writ of mandamus, commanding the respondents to release all the pensionary benefits of the petitioner as pump operator, who attained the age of the superannuation on 31/3/2014 and release all monetary benefits with interest on account of superannuation of the petitioner as pump operator along with all consequential benefits. Brief Facts of the Case:

(2.) Before proceeding further, this court deems it proper to take note of few facts shorn of unnecessary details, which are material to the determination of the issue involved in the instant case. The petitioner was appointed as daily wager to work as orderly in the respondent department in the year 1976 vide order no. 0-1/713-16 dtd. 2/6/1976, and in the year 1981, the respondent No.2, in the interests of administration, vide order No. SDA/VC of 1981 dtd. 27/4/1981, temporarily appointed the petitioner, who figured at Serial No.2 in the aforesaid order, as Chowkidar against an available temporary vacancy and also sanctioned the grade and other allowances as admissible under rules.

(3.) Further, vide another order bearing no. SDA/VC/503 of 1993 dtd. 18/9/1993, sanction was accorded for the change of designation of the petitioner from Chowkidar-cum-Orderly to Pump Operator, in his own pay and grade, in view of his having technical skill in operating pumps. Thereafter, vide order no. SDA/VC/113 of 1994 dtd. 25/6/1994, sanction was granted to six posts of pump operators/assistant operators from the grade of 750-940 to the grade of 940-1400, including the petitioner w.e.f. 1/5/1995.