M.P. GUPTA Vs. STATE AND ORS.

JUDGEMENT

(1.) This petition is filed by the petitioner, Dr. M.P. Gupta, in making his grievance that though he was entitled to pension after his retirement, the respondent-authorities are not paying him the said legitimate pension and the same has been with held illegally and unlawfully without any justification by the respondents. According to the averments made in the writ petition, the petitioner who was superannuated from the post of Director, Health Services, Jammu on 31.3.1998 seeks retiral benefits, be sides monthly pension which includes gratuity and leave encashment. It is further stated that even three years after he was retired from the service, the respondents have failed to process his case for payment of pensionary benefits in flagrant disregard of Article 284-A of J&K Civil Services Regulations (For short hereinafter referred to as CSR) and also the Government instructions appended thereto vide SR.O 45 of 1980 dated 28.1.1980. He has also pleaded that even though his case for payment of leave encashment was forwarded by the Director, Health Service, Respondent-2 to the Government, as early as in April 1998, yet the sanction has not been accorded for the payment of the same, which has occasioned immense hardships to him.

(2.) The stand of the respondents in their demurrer in so far as non-payment of the pensionary benefits are concerned, is that the petitioner had made some illegal appointments of ministerial staff without adopting any Rule during his tenure in service for which FIR No.131 of 1998 has been registered against him under Section 5(2) of the Jammu & Kashmir Prevention of Corruption Act, 2006 BK read with Sections 161 and 120-B of the RPC.

(3.) As regards the payment of leave salary, reliance is placed on Rule 37(2)(v) of the Revised Leave Rules, 1979.