Srinagar: The High Court of J&K and Ladakh has directed Jammu and Kashmir Industries Corporation Limited and Union territory government to release all retiral and pensionary benefits to people who were employed with corporation but weren’t granted any retiral benefits.
The court of Justice M A Choudhary while hearing a number of pleas referred to various High Court and Supreme Court judgments on the same issues and held that ex-employee of the Corporation, is/ was to be treated as a servant of the government of Jammu & Kashmir and, thus, entitled to be treated on par with other government servants in keeping with Articles 14 and 16 of the Constitution of India.
The court said that keeping in view the law laid down by the Apex Court in Jawahar Lal Sazawal’s case supra, as followed by this Court in Santosh Kumari’s case supra and Ab. Gani Hajam’s case supra, the present Petition is allowed and the respondents are directed to consider release of pensionary/ retiral benefits in favour of the Petitioner, being an ex-employee of the respondent Corporation.
“Let this exercise be completed by the respondents within a period of two months from the date a copy of this Judgment is made available to them,” court ordered.
The court was hearing plea of one Abdul Majid Khan and others wherein petitioners had been appointed in the Respondent-Company as a Daily Wager in the year 1957 but weren’t entitled with post retirement benefits.