ACCOUNTANT GENERAL Vs. KARTAR CHAND

JUDGEMENT

(1.) THE Accountant General, one of the respondents in the writ petitions, has filed LPA(SW) Nos. 189/2006,106/2007,110/2007 and 109/2007 for questioning the legality of orders dated 21.10.2005 and 20.4.2007 passed in SWP Nos. 139/2004,634/2005,635/2005 and 636/2005. Whereas, the writ petitioners have also filed LPA(SW) Nos. 114/2007, 116/2007 and 118/2007 against the same orders for non -allowing of interest on the withheld amounts of gratuity and other pensionary benefits. As the common question of facts and law are involved, therefore, all these appeals are being disposed of together by this common judgment.

(2.) ON the orders passed by the concerned authority, the pay of writ petitioners came to be stepped up while they were in service, for removing the anomaly as their juniors were drawing higher pay than the pay which was being paid to them, admittedly without obtaining the prior approval of General Administrative Department of the Government of Jammu and Kashmir. The writ petitioners while drawing salary at the stepped up rate superannuated. After their superannuation from service, their cases for sanction of pension were submitted to the Accountant General by their respective Administrative Departments.

(3.) THE writ petitioners/respondents being aggrieved of the action of the appellant filed the said writ petitions.