MOHD SADEEQ Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The petitioner has filed the instant writ petition challenging order No. JKI/177/2017 dtd. 18/10/2017 passed by respondent No.2 whereby representations of the petitioner dtd. 17/3/2017 and 2/1/2017, upon their consideration in terms of order dtd. 25/8/2017 passed by this Court in SWP No. 2113/2017, have been rejected.

(2.) Briefly stated the case of the petitioner is that he was appointed as Sentry/Field Assistant vide appointment order No. RTO/Estt./96/5448-51 dtd. 19/10/1974 in Government Resin and Turpentine Factory Fatehpur, District Rajouri. According to the petitioner on 1/1/2002 an encounter took place between the militants and Special Operations Group of the police headed by Dy.S.P Operations Rajouri and in the said encounter two militants were killed. In this regard, FIR No. 15/2002 for offences under Ss. 7/27 E.A.Act, 307/120-B, 124-A and 427 RPC was registered with Police Station, Rajouri. It has been submitted that it is the petitioner who had furnished the information with regard to presence of the militants to the police as a result of which, after the incident, he started receiving life threats from the militants. It has been further submitted that due to these life threats the petitioner had to shift to Jammu City where he stayed for several months and thereafter he left the State of Jammu and Kashmir. It is being submitted that the petitioner because of these conditions got mentally disturbed and after spending about 10 years outside the State, he came back to his native place. It has been submitted by the petitioner that upon coming back to his native place, he came to know that the Resin factory in which he was employed has been closed down and the employees of the factory have been given the benefit of Voluntary Retirement Scheme in terms of Cabinet Decision No. 119/2010 dtd. 11/6/2010 prusuant whereto Government order No. 218-F of 2007 dtd. 16/7/2007 has been issued.

(3.) It has been pleaded that a number of writ petitions came to be filed by the aggrieved persons and in compliance to the directions passed by this Court another Cabinet Decision bearing No. 189/2016/2010 dtd. 26/8/2010 was taken and in light of the said Cabinet Decision, Government Order No. 237-F of 2010 dtd. 30/8/2010 was issued by the Finance Department with regard to Voluntary Retirement Scheme of the employees of the Public Sector Undertakings. It is case of the petitioner that he is also entitled to the benefits under the aforesaid Scheme.