HC dismisses JK’s appeal on SRTC employees’ pensionary benefits
D A RASHID
Srinagar, July 30: Jammu and Kashmir High Court has dismissed the state’s appeal challenging the order of single bench wherein the government was directed to release pensionary benefits including COLA and leave salary in favour of the retired State Road Transport Corporation employees.
A division bench of High Court comprising Justices Verinder Singh and Hasnain Massodi had earlier reserved the judgment, which Justice Hasnain Massodi announced in the open court.
Senior Counsel Bashir Ahmad Bashir while defending the petitioners had argued that the writ court order was based on sound grounds and the appeal deserved outright dismissal.
A bench of Justice Muhammad Yaqoob Mir had earlier directed the Finance Department, Director Codes, State Road Transport Corporation and Transport Department to release pensionary benefits, including COLA and leave salary in favour of retired SRTC employees.
The single bench had asked the respondent corporation to ensure release of the benefits in favour of the petitioners irrespective of its financial condition within eight weeks and in default, court had directed, the amount will incur 8 percent interest rate until it was paid.
Petitioners’ counsel pleaded that the Government Transport Undertaking was converted into corporation in 1979 and the petitioners while exercising their option choose to remain as government servants to avail pensionary and other benefits.
He told the court that after their retirement though pension was released in their favour, Cost of Living Allowance (COLA) and Leave Earned Salary has remained unpaid since 1999.
The counsel argued that being government servants, the pensionary and other service benefits cannot be made dependent under Civil Service regulations under articles 240-BB
Lastupdate on : Mon, 30 Jul 2012 21:30:00 Makkah time
Lastupdate on : Mon, 30 Jul 2012 18:30:00 GMT
Lastupdate on : Tue, 31 Jul 2012 00:00:00 IST
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