STATE OF J&K Vs. DWARIKA NATH KICHLOO

JUDGEMENT

(1.) APPEAL is filed by the State aggrieved by the judgment passed by the learned Single Judge in OWP No. 741/1997.

(2.) WRIT petition was preferred by the respondent herein seeking mandamus directing the respondents to grant pensionary benefits to him on the strength of his 17 years and 3 months qualifying service with effect from June 18, 1956 to August 19, 1975, and to release G.P. Fund and arrears of pay with effect from May 1972 to August 19, 1975. Prayer was also made to quash Article 200 of the Civil Service Regulations.

(3.) LEARNED counsel for the State submitted that on a misrepresentation of Article 200 of the J&K Civil Service Regulations, the learned Single Judge allowed the writ petition and held that petitioner was entitled to pensionary benefits and further directed that respondents shall release the salary of the petitioner from February 29, 1973 onwards. Learned Judge also referred to Article 240 AAAA(i)(b) of the Civil Service Regulations but no reasons have been stated as to how the said Article would apply to the case of the petitioner.