Gulshan Ahmad Makhdoomi vs State Of Jk & Ors
2021 Latest Caselaw 1584 j&K/2

                                                         S.No 24
                                                     After Notice Matters



      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR

                                SWP 402/2018

Gulshan Ahmad Makhdoomi                               ...Petitioner(s)
                         Through:    Mr. Sheikh Younus, Adv.

                               V/s

State of JK & Ors.
                                                      ...Respondent(s)
                         Through:    Mr. Altaf Haqani, Sr. Adv. with
                                     Mr. Shakir Haqani, Adv.

Coram:     HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE.
                             ORDER

08.12.2021

1. Learned counsel for the petitioner submits that the case set up in this petition is fully covered by the judgment passed by this Court in a batch of petitions, lead case being SWP No. 1198/2009 titled Mohammad Shafi Ganai & Ors. v. State of JK and Ors.

2. It may be noted that vide judgment dated 16.04.2021 passed in the writ petitions supra, a Co-ordinate Bench of this Court has allowed identical writ petitions and quashed the Golden Hand Shake Scheme issued by respondent-Corporation vide Order No. 193/JKSRTC/MD of 2008 dated 21.10.2008 which is also impugned in this petition.

3. On the same analogy and on the parity of reasoning given in the aforesaid judgment, this petition too is allowed and the Golden Hand Shake Scheme promulgated by the Government vide impugned order is quashed. The respondents are directed to process the case of the petitioner for release of service benefits; viz, reinstatement in service or post retiral service benefits, whichever applicable as per the status he was having in the respondent Corporation prior to passing of the impugned order dated 21.10.2008. It is made clear that the petitioner shall be entitled to all service emoluments/benefits under rules notionally as if he has continued in service without any interruption and monetarily from the date he is taken back in service by the respondents/his actual date of retirement.

4. The respondents shall be at liberty to take back the amount received by the petitioner pursuant to the impugned order after due calculation and identification or adjust the same towards the amount(s) due to the petitioner on his reinstatement in service, as aforesaid.

5. The writ petition is disposed of in the above terms.

(SANJEEV KUMAR) JUDGE SRINAGAR 08.12.2021 Amir