Jammu & Kashmir High Court - Srinagar Bench
Ghulam Ahmad Wani vs Union Territory Of Jk & Ors on 1 May, 2021
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
WP(C) No. 1828/2020
CM No. 5452/2020
Reserved on: 28.04.2021
Pronounced on: 01.05.2021
Ghulam Ahmad Wani.
...Petitioner(s)
Through: Mr M.S. Latief, Senior Advocate with
Mr Zahid Khan, Advocate.
vs
Union Territory of JK & Ors.
...Respondent(s)
Through: Mr B.A. Dar, Sr AAG.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
Hon'ble Mr Justice Vinod Chatterji Kould, Judge.
JUDGMENT
Per Magrey; J;
01. Challenge in the instant petition is made to the order passed by the
Central Administrative Tribunal Bench, Jammu, (Hereinafter referred to as
the CAT Bench) on 22nd of September, 2020 in OA No. 577/2020 in case titled
Ghulam Ahmad Wani vs Director, Horticulture, Planning and Marketing &
Anr., as also the order of suspension bearing No. 182/DHPM of 2020 dated
13th of August, 2020, issued by the Respondent No. 2/Director Horticulture
Planning & Marketing, with further relief of allowing the instant writ petition
with direction to the respondents to process the case of the petitioner for
release of retirement benefits i.e. pension, leave salary, gratuity etc.
Brief Facts of the case;
02. The petitioner while in service states to have been placed under
suspension, pending inquiry, in terms of order bearing No. 182/DHPM of
2020 dated 13th of August, 2020, issued by the Respondent No. 2.
Page 2 of 3 WP (C) No. 1828/2020
CM No. 5452/2020
Immediately, after suspension, the petitioner claims to have retired from
service on 31st of October, 2020, as notified by the respondents in terms of
notification dated 13th of June, 2020. Withholding of pensionary benefits after
retirement is claimed to have been the cause of action for the petitioner for
approaching the CAT Bench, for its release.
03. We have heard learned counsel for the parties and considered the
material on record.
05. The question whether Respondent No. 2/ Director Horticulture
Planning & Marketing is competent to place the petitioner under suspension,
alongwith other questions qua relief claimed in the OA is pending before CAT
Bench, for final decision, therefore, it shall not be proper to discuss the merit
of the case, that may prejudice the rights of the parties.
06. Regarding the contention of the learned counsel for the petitioner that
pending decision in the OA, the petitioner was entitled to the release of
pensionary benefits including leave salary, gratuity etc, by application of
Article 168-A and 168-D of Civil Service Regulations, with further
application of judgment rendered by Division Bench of this Court in case
titled Gh. Mohi-Ud-Din Lone versus State of JK & Ors reported in 2020 (6)
JKJ 346 [HC], we are not inclined to make any observation or record any
finding as regards the entitlement of the petitioner by application of such law
because that would amount to deciding the matter which is subject of OA
before CAT Bench, Jammu, but not withstanding such observations, we are
satisfied to issue directions to the respondents for concluding the departmental
proceedings as initiated against the petitioner before his retirement as also for
release of provisional pending, subject to further result of proceedings
pending before the CAT Bench.
Page 3 of 3 WP (C) No. 1828/2020
CM No. 5452/2020
07. In the above background, this writ petition is allowed to the following
extent;
i. Respondents are directed to conclude the departmental
proceedings against the petitioner within two months from
the date copy of the order is served on them.
ii. Respondent No. 2/ Director Horticulture Planning &
Marketing, shall process the case of the petitioner for release
of provisional pension as also leave salary, gratuity till final
disposal of the OA pending before CAT Bench.
08. Writ petition alongwith connected CM(s) shall stand disposed of on the
above terms.
(Vinod Chatterji Koul) (Ali Mohammad Magrey)
Judge Judge
SRINAGAR:
01.05.2021
"Hamid"
i. Whether order is speaking? Yes/No.
ii. Whether order is reportable? Yes/No.
ABDUL HAMID BHAT
2021.05.01 10:39
I attest to the accuracy and
integrity of this document
