Jammu & Kashmir High Court - Srinagar Bench
Neelofar Mehraj vs State Of Jk And Others on 26 September, 2016
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR SWP NO. 210 of 2016 Neelofar Mehraj Petitioners State of JK and others Respondents !Mr. Lone Altaf, Advocate ^Mr. B. A. Dar, AAG Honble Mr. Justice Muzaffar Hussain Attar, Judge Date: 26/09/2016 : J U D G M E N T :
(Oral) The petitioner vide order no. 453 of 2009 dated 31st December, 2009 was appointed as constable in the respondent Department and joined on 01st January, 2010.
The claim of the petitioner is that the petitioner is entitled to get service benefits in accordance with the rules including the pension rules which were applicable on 31st December, 2009 and his services are not governed by Rule notified vide SRO 400 dated 24th December, 2009.
In terms of the notification SRO 400 dated 24th December, 2009, Schedule XIII came to be inserted in the Jammu and Kashmir Civil Services Regulations. Rule 3(A) of Jammu and Kashmir Civil Services (defined contribution pension scheme), (Rules of 2010). Her services will be governed by the rules which were in existence prior to coming into force Rules of 2010, which have came into force on 01st January, 2010.
Furthermore, sub-Article (6) of Article 167 inserted by SRO 400 dated 24th December, 2009 provides that the State Government Employees appointed on or after 01st January, 2010 shall be governed by New Pension Scheme [Article 249-M (B)] which has been added after 249-M(A). It is further provided that existing pension rules shall not be applicable to Government employees appointed or brought on regular establishment on, or after 01st January, 2010. The said Article is taken note of:
The State Government Employees appointed on or after 01.01.2010 shall be governed by New Pension Scheme as per Article 249-M(B) added after 149-M(A) and accordingly, the existing Pension Rules shall not be applicable to Government Employees appointed or brought on regular establishment on, or after, 01.01.2010.
A persons relationship with the Government on his appointment though, he is contractual in nature, but after his appointment, his services are regulated by the Statutory Rules and he accordingly attains status.
Like other service benefits, the post retiral pensionary benefits, constitute an essential component of employees service rules.
The services of a person after his/her appointment in any service of the Government is regulated by the Statutory rules. The benefits flowing from Statutory rules are to be provided to the employee during his service and after he superannuates from service after attaining the age of retirement.
Statutory rules have to be interpreted by giving full meaning to the word used by rule making authority. the rules of which mention is made in this order in loud and clear terms declare that they will be applicable to those Government employees who have been appointed after 01st January, 2010. Joining of a person on a post is in consequential in this legal scenario.
Admittedly, petitioner has been appointed on 31st December, 2009. She will be governed by the Rules which were in operation at that point of time and not by Rules of 2010.
For the above stated reasons, this writ petition alongwith connected MP(s) is disposed of in the following manner:
By issuance of writ of mandamus, respondents are directed to regulated service of the petitioner and extend to her all the service benefits which were applicable to the Government employees on 31st December, 2009.
It is made clear that petitioners services will not be governed by Rules notified vide notification SRO 400 dated 24th December, 2009.
Disposed of as above.
(Muzaffar Hussain Attar)
Srinagar Judge
26.09.2016
Imtiyaz