Khalida Bano vs Manoj Dwivedi And Ors
2022 Latest Caselaw 1175 j&K/2

                                                                 S. No 8
                                                                 Regular List
    IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                       AT SRINAGAR

                         CCP(S) No. 108/2022

Khalida Bano                                                 ...Petitioner(s)

Through: Mr. G.N.Shaheen, Adv.

                                   Vs.

Manoj Dwivedi and Ors.                                     ...Respondent(s)

Through: Mr. T.M.Shamsi, ASGI,
         Mr. Ilyas Laway, GA.
CORAM:
          HON'BLE MR JUSTICE SANJEEV KUMAR, JUDGE

                              ORDER

02.08.2022

The Judgment passed by this Court dated 11 th October, 2021, is yet to be complied with by the respondents. While disposing of the writ petition, the respondent no. 7 was directed to re-consider, revisit and settle the claim of the petitioner for pensionary benefits within a period of eight weeks. About ten months have passed, the respondents are still busy in passing the buck from one to another.

In the status report, filed by the Accountant General, Jammu & Kashmir, Srinagar, the stand taken by the respondent no. 7 is that the pensionary benefits in favour of the petitioner could not be released due to failure of the employer of the petitioner i.e., respondents 4 and 5 to furnish copy of the approval issued pursuant to 19th meeting of Board of Directors of J&K Lakes and Waterways Development Authority, wherein a decision was taken that the rules applicable to the employees of the department shall also be applicable to the employees of the Authority till its own rules are finalized. The Accountant General has also relied upon his communication dated 13th July, 2022 issued to the Commissioner Secretary to the Government, GAD, Civil Secretariat, Srinagar, seeking clarification in the matter and making it clear that in case nothing is heard from him, the matter shall be processed accordingly. This communication was addressed on 13th July, 2022, but till date no response has been received.

In view of the above stand of the Accountant General and on the request of Mr. T.M.Shamsi, ASGI, four weeks' time is granted to process the case of the petitioner for release of all retiral benefits in her favour without waiting further for the Commissioner Secretary to Government, GAD, Civil Secretariat to convey the copy of the administrative approval.

List on 9th September, 2022.

(SANJEEV KUMAR) JUDGE SRINAGAR 02.08.2022 "Shamim Dar"