BHUSHAN LAL Vs. STATE OF J & K

JUDGEMENT

(1.) Notice to the respondents. Mr. K.D.S. Kotwal, learned Dy. AG waives notice on behalf of respondent Nos. 1 to 4. Mr. Vishal Sharma, learned ASGI waives notice on behalf of respondent No. 5.

(2.) The petitioners through the medium of instant petition are seeking direction to the respondents to fix and release pension in favour of petitioner Nos. 1 and 2 on the basis of last drawn pay fixed in their favour in pursuance of SRO 193 of 2018 dated 24.04.2018 and family pension in favour of petitioner No. 3 and also to release the amount of gratuity, G.P. Fund, Leave Encashment and other retiral benefits/pensionary benefits; with a further direction to the respondents to release the arrears of pension w.e.f. the date the petitioners Nos. 1 and 2 have been retired/superannuated, i.e., petitioner No. 1 w.e.f. 30.06.2019 and petitioner No. 2 w.e.f. 31.05.2019 and in favour of petitioner No. 3 w.e.f. 01.10.2018, i.e., from the date the husband of the petitioner expired during service and to release the amount of gratuity, G.P. Fund, Leave Encashment and other retiral benefits along with interest at the rate of 18% per annum for wrongfully withholding the amount of the petitioners.

(3.) Learned counsel for the petitioners contends that the respondents are under legal obligation to settle the case of the petitioners 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 petitioners. Hence this petition on the grounds taken in it.