RAJ KUMAR SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER seeks to quash Order NO: 5.11.1999 and order dated 3.4.2001 whereby the respondents have rejected his claim with respect to pensionary benefits. He seeks further direction to the respondents to release his pension and other service benefits.

(2.) PETITIONER was appointed as Jr. Asstt., in the office of the Chief Project Officer RSB, Jammu from 17.1.1967 to 2.10.1969 and thereafter in the office of Director Sainik Welfare J&K Govt., Jammu w.e.f. 3.10.1969 to 9.3.1978. He proceeded on sanctioned leave w.e.f. 10.3.1978 to 27.3.1978 followed by furllow leave of one year from 28.3.1978 to 27.3.1979 and again on extra ordinary leave (without pay) w.e.f. 28.3.1979 to 27.07.1979 without proper sanction. The petitioner could not assume his duties because of his ailing health and thereafter was discharged from service on 6.6.1981 by the respondents, Additional Secretary Home, J&K Government, Jammu. It was mentioned in the discharged order that petitioner is not entitled to the pensionary benefits in terms of Regulation 200 of the Civil Service Regulations. The petitioner moved a representation to the respondents on 11.1.2001 to the effect that he has not submitted his resignation, therefore, he is entitled to the pensionary benefits. The representation, however, was rejected by the respondents after seeking opinion from the Law Department. The representation of the petitioner regarding grant o the pension was disposed of by the respondents and conveyed to petitioner vide order dated 3.11.2001. The petitioner has challenged this action of the respondents and communication sent by the respondents to the petitioner communicating that his case for resignation cannot be re -opened.

(3.) THE respondents have filed Counter Affidavit, stating therein that the petitioner proceeded on sanctioned w.e.f. 10.3.1978 to 27.3.1978 followed by furllow leave from 28.3.1978 to 27.3.1979. He again applied for extra ordinary leave (without pay) from 28.3.1979 to 27.07.1979. On expiry of the said leave the petitioner did not join. The petitioner was asked to resume his duties. On receiving communication, the petitioner expressed his inability to resume the duty, on account of his ill health. The petitioner was asked to produce medical certificate in support of the plea of his ailment. He produced a certificate issued by Medical Officer, J&K Health Services, which shows that petitioner has been suffering from Anxity Neorosis with Insomnia. As stated in the petition, petitioner was living in Sarwal, Jammu but the medical certificate which has been produced by him, has been issued by the Medical Officer (I.M.) Govt. Dispensary Phinder (R.S.Pura), which was not considered as a genuine certificate by the respondents. The respondents asked the petitioner to report to SMGS Hospital, Jammu for his medical examination. The petitioner did not oblige the respondents. The respondents initiated action against the petitioner, under such circumstances. He submitted an application dated 31.1.1981 asking the respondents to relieve him from service on the ground of domestic circumstances and because of ailment. His application has been treated as resignation and accepted as such. The petitioner has been intimated vide letter dated 17.6.1981 that in terms of provisions of Regulation 200 of the J&K CSR, the petitioner is not entitled to pension, cum -death gratuity.