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Promotion, benefits can’t be taken away without hearing effected person: HC

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STATE TIMES NEWS

JAMMU: Justice Wasim Sadiq Nargal of Jammu & Kashmir and Ladakh High Court 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. In the present case, no enquiry, whatsoever, has been conducted by the respondents in this regard.
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 Wasim Sadiq Nargal further observed that this court is not inclined to allow the respondents to proceed further with the impugned letter, as much water has flown since then. The respondents are under legal obligation to treat the petitioner as retired as pump operator w.e.f. May 1, 1995 and release all the pensionary benefits with interest notwithstanding the impugned communication dated October 15, 2014.
While allowing the petition, Justice Wasim Sadiq Nargal ordered that the impugned letter dated October 15, 2014, issued by the respondent no.4 recommending the respondent no.3 to effect the recovery on account of up-gradation w.e.f. May 1, 1994 till the date of superannuation, is quashed and also directed the respondents to release all the pensionary benefits of the petitioner as pump operator w.e.f. the date of superannuation of the petitioner i.e. March 31, 2014.
Court further directed the respondent no.4 is directed to release the amount of Rs.3,26,982/- in favour of the petitioner, which was withheld from the petitioner’s gratuity amount. Court further ordered that 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. It is made clear that the interest component will be payable by the officer/respondent on whose count delay occurs, Court ordered.
The petitioner- Mohammad Ramzan Tantray, through the medium of the instant petition, seeks quashment of impugned letter bearing no. FD/ELFAP/1091 dated October 15, 2014 passed by respondent no.4, whereby the respondent no.4 has recommended the respondent no.3 to effect the recovery on account of up gradation w.e.f May 1, 1994 till the date of superannuation of the petitioners. The petitioner has also sought a writ of mandamus, commanding the respondents to release all the pensionary benefits of the petitioner as pump operator, who attained the age of the superannuation on March 31, 2014 and release all monetary benefits with interest on account of superannuation of the petitioner as pump operator along with all consequential benefits.

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