Srinagar: The High Court of J&K and Ladakh held that the benefit of promotion and consequential monetary benefits cannot be taken away in an arbitrary and whimsical manner without providing an opportunity of being heard to the effected person.
The court of Justice Wasim Sadiq Nargal while hearing the plea of one Mohammad Ramzan Tantray who came to be appointed as pump operator from the position of chowkidar cum orderly and retired from services in 2014 was treated ‘unfairly’ without granting him retrial and pensionary benefits.
The official of local fund audit and pensions, Srinagar had cited in a letter that the petitioner stands upgraded from pay scale of Rs. 750-940 to the pay scale of Rs. 940-1400 against the rules in vogue and not fit for pensionary benefits.
The court noted that admittedly, in the present case, there is no such allegation about misrepresentation on the part of the petitioner, thus by no stretch of imagination, consequential benefits can be taken at this belated stage after retirement of the petitioner.
Justice Nargal while giving reference to Supreme Court directives and other High Court findings said it is settled proposition of law that the benefit of promotion and consequential monetary benefits cannot be taken away in an arbitrary and whimsical manner without providing an opportunity of being heard to the effected person.
“In the present case, no enquiry, whatsoever has been conducted by the respondents in this regard,” court said
Justice Nargal recorded that this court is not inclined to allow the respondents to proceed further with the letter, as much water has flown since then.
He said respodents are under legal obligation to treat the petitioner as retired as pump operator with effect from1 May,1995 and release all the pensionary benefits with interest notwithstanding the communication dated 15 October,2014.
Justice Nargal said for the foregoing reasons, and what has been discussed hereinabove coupled with settled legal position, this writ petition is disposed of in the following manner:
The letter dated 15 October, 2014, issued by the Local audit fund official recommending the Finacial advisor, SDA to effect the recovery on account of up-gradation with effect from 01 May,1994 till the date of superannuation, is quashed.
The respondents are directed to release all the pensionary benefits of the petitioner as pump operator with effect from date of superannuation of the petitioner that is 31 March,2014.
The local fund audit officer is directed to release the amount of Rs.3,26,982/- in favour of the petitioner.
The court said in case, the above directions are not complied within a period of eight weeks from the passing of this order, in that eventuality, the writ petitioner shall be entitled to the interest @9 % per annum from the date the aforesaid benefits were due to the petitioner and denied by the respondents.
Justice Nargal said It is made clear that the interest component will be payable by the officer/respondent on whose count delay occurs.