ROMESH CHANDER Vs. UT OF J&K

JUDGEMENT

(1.) Notice to the respondents. Mr. K.D.S.Kotwal, Dy.AG waives notice on behalf of respondent Nos. 1 to 3 and Mr. Vishal Sharma, ASGI for respondent No. 4.

(2.) The petitioner through the medium of instant petition is seeking quashment of Govt. Order No. PNRJ-2/C-4/2019-20/1566-68 dated 30.09.2019 and PNR/S-1/2019-20/916 dated 04.07.2019 whereby the respondent No.4 review/re-examine the benefit which was granted under SRO 59 of 1990 that too in violation of Article 242 of CSR and with a further direction n to the respondent No.4 to settle the pension of the petitioner as per the last pay drawn by the petitioner at the time of superannuation.

(3.) Learned counsel for the petitioner contends that the respondents are under legal obligation to settle the pension case of the petitioner as per the last pay drawn under Article 242 of CSR governing the subject and as per the mandate the average emoluments in respect of a government servant are to be taken into consideration on the basis of last ten months pay and pension and other benefits are to be fixed accordingly. He further contends that in similar cases the respondents have considered, but, ignored the same in case of the petitioner. Hence this petition on the grounds taken in it.