GHULAM QADIR WANI Vs. STATE AND ORS.

JUDGEMENT

(1.) Petitioner has retired on superannuation from the service of respondent-Corporation. In terms of Order dated 19th April, 2000, the petitioner was appointed as General Manager (Finance) in respondent-Corporation. The terms and conditions in respect of appointment of the petitioner are contained in the appointment Order No. PDC/CJ/10 of 2000 dated 19th April, 2000. Condition-7 of the appointment order, which is relevant for the purpose of disposal of this writ petition, is taken note of:-

(2.) The petitioner, after his retirement from the service, sent Communication dated 23rd Oct., 2010 to the respondent-Corporation, requesting them to release the pensionary benefits and gratuity in his favour. Vide Communication dated 28th Nov., 2010, the petitioner was informed by the Administrative Officer that his claim for grant of retiral benefits has been examined by the Administrative, Finance and legal wings of respondent-Corporation in terms of relevant articles of J&K CSR. The petitioner was also informed that since, he, all along, has been employee of one PSU or the other, as such, is not entitled to retiral benefits as extended to Government servants.

(3.) It is this communication which is called in question in this writ petition and it is prayed that the said communication as also communication dated 19th Jan., 2011 be quashed and respondents be directed to pay all post retiral benefits to the petitioner including pension and gratuity, computing the same under rules of pension applicable to Government employee of same rank and status as the petitioner was at the time of his retirement. It has been further prayed that respondents be directed to calculate pension as also the gratuity of the petitioner on the basis of service rendered by him from 1983.