Jammu & Kashmir High Court - Srinagar Bench
Khursheed Ahmad Mir & Ors vs State Of J&K; And Others on 11 October, 2018
Author: M. K. Hanjura
Bench: M. K. Hanjura
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
...
SWP NO. 1598/2017 Date of order:10.10 .2018 Khursheed Ahmad Mir & Ors.
v.
State of J&K and others Coram:
Hon'ble Mr Justice M. K. Hanjura, Judge Appearing Counsel:
For Petitioner(s): Mr M. Y. Bhat, Advocate For Respondent(s): Mr. Saad Ganai, GA
i) Whether approved for reporting in Yes/No Law Journals etc:
ii) Whether approved for publication in Press: Yes/No
1. Petitioners in this writ petition, being employees of the J&K Handloom Development Corporation Ltd. , grouse that they are being denied the pensionary benefits whereas concomitantly the other corporations receive such benefits.
Though the petitioners being similarly situated to the persons/employees working in other organisations and corporations, who receive such benefits, they have to be treated on the same pedestal in the matter of the grant of pensionary benefits, yet they have been kept in lurch for undisclosed reasons.
2. The employees of other departments/undertakings, it is averred, had approached this Court with various writ petitions with lead case, bearing SWP No.1250/2002 titled J&K Industries Employees Association v. State of J&K and SWP No.1598 of 2017 Page 1 of 5 others, which were decided vide judgment dated 12.03.2009. There against Letters Patent Appeal, filed by the respondent State, was dismissed vide judgment dated 08.06.2011. An appeal preferred before the Supreme Court, was however, withdrawn with a plea that grievances would be projected by the respondent State before this Court in a review petition. The review petition was preferred before this Court, which was also dismissed vide order dated 29.03.2016.
3. The petitioners in the present writ petition claim that they are also similarly situated with the above writ petitioners of SWP no.1250/2002 titled J&K Industries Employees Association v. State of J&K and others, and therefore, are to be vouchsafed the same and similar treatment and benefits, more particularly in view of the law laid down by the Supreme Court in J. L. Sazawal and others v. State of J&K and others. The petitioners maintain that even in other departments/organisation/corporations, where the rules did not govern the pension related issues, the general rules of the pension of the State Government have been made applicable and the benefits have been granted to such employees. Instances, in this regard given, are employees of the Jammu Development Authority (JDA), Srinagar Development Authority (SDA), Sher-e-Kashmir University of Agriculture Science and Technology (SKUAST), SKICC, etcetera, who are being given the pensionary benefits when the rules of these corporations/organisations do not provide SWP No.1598 of 2017 Page 2 of 5 for the such benefits. Singling out of the petitioners from the benefit of pension, according to the petitioners, synonymises to discrimination of their rights. The petitioners have also made reference of employees of SFRI and PCB, who receive the pensionary benefits. The petitioners in the writ petition, on the edifice of the case set up, exhort the following relief:
a) Writ of Certiorari the communication letter dated 15th of May 2017 issued by Under Secretary to Government, Industries and Commerce Department and addressed to Managing Director Handloom Development Corporation of Jammu and Kashmir be quashed and all other orders, decisions and communications letter, if any, issued by the respondents which deny the grant of benefit to the petitioners may also be quashed.
b) Writ of mandamus, commanding the respondents to re-fix the salary and pay scale of the petitioners at par with Government employees with all consequential benefits including release of pension and other retiral benefits as admissible to Government employees as has been done in case of employees of employees of other Corporations above mentioned.
c) Writ of Mandamus directing the respondents to release the unpaid salary arrears of the petitioners in service in accordance with law with interest at the rate of 18 % as same shall be interest of justice.
4. Respondents have filed the Reply in the writ petition. They insist that the petitioners are not similarly situated persons with the employees of JDA, SDA, SKUAST, SKICC etcetera, and therefore, the petitioners are not entitled to any pensionary benefit.
SWP No.1598 of 2017 Page 3 of 55. I have heard learned counsel for the parties and considered the matter.
6. In order to avoid prolixity, let me without beating about the bush, square off the instant matter, by resorting to and discoursing what has been already handed down by this Court in SWP no.1250/2002. A Bench of this Court by a judgement dated 12.03.2009, rendered in a patch of writ petitions, with lead writ petition, bearing SWP no.1250/2002 titled J&K Industries Employees Association v. State and others, has dealt with and set at rest the controversy that is also bone of contention in the instant writ petitions. Letters Patent Appeal was preferred by the respondent State against the aforesaid judgement of the learned Single Judge, which, however, did not succeed and was dismissed vide judgment dated 08.06.2011. Petitions for Special Leave to Appeal (C) Nos. 26483-26488/2011 titled State of J&K and another v. Syed Afzal Zaidi and others, were preferred before the Supreme Court. The said SLPs were, however, withdrawn by the respondent State with a permission to file the review applications before this Court. The Review Petitions with lead Review Petition (LPA) o.07/2016, were filed before a Division Bench of this Court. The said Review Petitions were, vide judgment dated 29.03.2016, dismissed. In such circumstances, the basic judgement dated 12.03.2009 has come to prime position and is not only to be implemented in its letter and spirit in respect of the persons/employees, who had been SWP No.1598 of 2017 Page 4 of 5 before this Court in the aforementioned writ petitions, but it is to be implemented in respect of those persons/employees as well who are similarly situated as are the present petitioners. Having said that, the respondent State is otherwise under obligation to give the same and similar treatment to the present petitioners that has been and/or will be vouchsafed by the respondent State in favour of the writ petitioners of SWP No.1250/2002 titled J&K Industries Employees Association v. State and others.
7. For all what has been stated and done above, the writ petitions on hand is disposed of with a direction to the respondents to give all the benefits as have been sought for by the petitioners in the writ petition on hand on the same analogy as has been/will be adopted by the respondent State qua the writ petitioners of SWP No.1250/2002 titled J&K Industries Employees Association v. State and others provided they are similarly circumstanced with the petitioners in the said petition. Let such consideration be accorded and the benefits be given to the petitioners at an earliest preferably within eight weeks from the date certified copy of this order is served upon respondents.
8. Disposed of.
(M. K. Hanjura) Judge Srinagar 10.10.2018 showkat SWP No.1598 of 2017 Page 5 of 5