S AYA SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner has sought for the issuance of a writ of mandamus commanding the respondents to process his case for sanction of pension and other benefits in his favour and to pay the arrears due with interest at the rate of 20% per annum.

(2.) PETITIONER has averred in the petition that he was appointed as a driver on substantive basis on 4.10.1971 in the J&K Minerals Ltd,a Corporation wholly owned and controlled by the State of Jammu and Kashmir. The petitioner was driving Impalla Cheverlat car of the J&K Minerals Ltd. for the use of the Managing Director or Chairman of the Corporation. He rendered 20 year of service in the said Corporation to the entire satisfaction of the officers. The said car was transferred to the state Motor Garages and it was also decided that the petitioner be also transferred aiongwith the post held by him in the J&K Minerals Ltd. to the State Motor Garages. However, the aforesaid decision could not be implemented till 1988 when the car was returned by the State Motor Garages after three years on the ground that the state Government has not approved the purchase of the car at the rate of Rs.12,OOO/ -. As regards the petitioner, it was decided by the Government that he would be absorbed as a fresh employee with out giving him the benefit of his past service. The petitioner alleges that these conditions were not acceptable to him or the Corporation. The matter came up for discussion once again in the meeting of the Board of Directors of J&K Minerals Ltd. held on 10.7.1988 where in it was resolved that the matter be referred to the General Administration Department (GAD) for issuing requisite orders for transferring the car to the State Motor Garage aiongwith driver on suitable condition particularly to ensure that the driver was given the benefit of his past service also. The secretary to Government, GAD, under letter No. TR -103/83 -SMG dated 17.2.1988 of the Transport Department was intimated that the spare parts for the imported car (Cheverlot) are not easily available throughout the country, therfore, the department has dropped the idea of purchasing the car from the J&K Minerals Ltd. The Transport Department also conveyed to the GAD that he has no objection if the petitioner is transferred to the State Motor Garages alongwith the post held by him in the J&K Minerals Ltd.

(3.) THE Government under Govt. order No.1301 -GD of 1988 dated 9.9.1988 accorded sanction for transfer of the petitioner -driver to the State Motor Garages alongwith the post held by him in the J&K Minerals Ltd. On representation of the petitioner, his pay also came to be protected under Govt. Order No:38 -GAD of 1990 dated 8.1.1990 and was fixed at the rate of Rs.l,760/ -per month in the pay -scale of Rs.900 -1830.The petitioner retired on attaining superannuation on 30.4.1992.His pension case was processed and forwarded by the State Motor Garages to the Accountant General for sanction of the pension. The Accountant General has objected for according sanction on the ground that the petitioner is not entitled to pension as his case is not covered under Article 185 -D(V) (b) of the J&K Civil Services Regulation. Aggrieved of it, the petitioner is seeking the relief of processing his case for sanction.