Court directs AG to release payment in 2-weeks
D A RASHID
Srinagar, July 23: High Court has directed the government to grant pension benefits to a retired Court employee against his service and extension, saying the revised payment orders be issued in his favour within two weeks.
“The Principal Accountant General (AG), Deputy Accountant General (Pensions) and Senior Accounts Officer Jammu and Kashmir are directed to authorize gratuity, pension and commutation of the petitioner on the basis of his average emoluments against the service including the extension period” reads the Court Order.
The Court also stayed implementation of the communiqué from the Accountant General, addressed to the Registrar General of High Court seeking deduction of paid salary and other allowances from the gratuity of the retired official.
Court of Justice Mansoor Ahmad Mir passed the order in case of Abdul Hamid Khan, a retired employee of Jammu and Kashmir High Court, who was denied pension benefits by the office of Accountant General J&K for his service extension period of two years.
Khan has prayed in the petition that he was retiring on January 31, 2009 and was granted extension in service for his outstanding performance by the Chief Justice of Jammu and Kashmir High Court in exercise of the powers under Rule 11 of the J&K High Court Staff (Conditions of Service) Rules, 1968 read with Article 226(1) of the J&K CSRs.
With the extension in service, the petitioner retired on January, 31, 2011 and subsequently submitted his pension papers to the office of Principal Accountant General seeking the retrial benefits for his full service.
Putting Khan’s prolonged service period at a discount, the AG did not endorse pension and other benefits of the petitioner for the period authorizing his pension and commutation on the basis of his emoluments till January 31, 2009.
On the Contrary, Accountant General has withheld the petitioner’s gratuity to recover the excess pay and allowances which he alleges have been drawn on account of two advance increments.
They have asked the Registrar General to calculate the amount and intimate it so that they would deduct it from the gratuity of the retired official.
Calling in question the actions of the respondents, the counsel for the petitioner, J Iqbal pleaded before the Court that powers of the Chief Justice under a particular section of the state constitution and rules framed by the High Court are overriding.
“Powers vested in Chief Justice under Section 108 of the State Constitution and the rules framed by the High Court of Jammu and Kashmir under section 108(2) of the Constitution of Jammu and Kashmir in Comparison to the rule making Governor competent under Section 124 of the State Constitution are overriding” the Counsel for the petitioner pleaded before the court.
Lastupdate on : Sat, 23 Jul 2011 21:30:00 Makkah time
Lastupdate on : Sat, 23 Jul 2011 18:30:00 GMT
Lastupdate on : Sun, 24 Jul 2011 00:00:00 IST
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