GHULAM MOHI-UD Vs. STATE OF J&K

JUDGEMENT

(1.) In this appeal, the appellants, who are employees of the Institute of Management and Public Administration (IMPA), have assailed the judgment dated 6th of August, 2018, passed by the learned single Bench in SWP No. 96/2011 titled 'Dr. Naheed Soz v. State of JK and Ors.', in terms whereof, the learned single Bench, while allowing the writ petition filed by the petitioner therein/ respondent No.4 herein, has set aside the Government No. 1192- GAD of 2005 dated 27th of September, 2005 as also the communication No. GAD(Ser)Genl-25/96 dated 17th of September, 2010, with a further direction that the official respondents shall accord fresh consideration to the case of the petitioner/respondent No.4 herein, in accordance with the law and after taking into consideration the number of years of the service that she has rendered.

(2.) We have heard the learned counsel for the parties, perused the record and considered the matter.

(3.) Perusal of the Government order dated 27th of September, 2005, brings it to fruition that the employees of the IMPA were granted pensionary benefits w.e.f. 23rd of September, 2005 and that the said order did not apply to the case of the writ petitioner/respondent No.4 for grant of pensionary benefits in her favour. Thereafter, in terms of communication dated 17th of September, 2010, the General Administration Department returned the case of the writ petitioner, alongwith other similarly situated employees, to the concerned Department with the observation that the case has been examined, once again, and, accordingly, it is advised that the grant of approval in cases like this could not be considered as it would amount to making service pensionable with retrospective effect Aggrieved thereby, the writ petitioner/ respondent No.4 herein filed the writ petition before the learned writ Court seeking quashment of the said Government order as well as the communication dated 17th of September, 2010, to the extent these denied pensionary benefits to the writ petitioner/ respondent No.4 herein.