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Jammu & Kashmir High Court
Council Of Scientific & Industrial vs Anil Gupta on 7 April, 2026
Author: Sindhu Sharma
Bench: Sindhu Sharma
Sr. No. 21
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 2043/2023
CM No. 4118/2025 c/w
WP(C) No. 2047/2023
WP(C) No. 3182/2025
Council of Scientific & Industrial .... Petitioner/Appellant(s)
Research and others
Through:- Mr. Abhimanyu Sharma, Sr. Advocate
with Mr. Abhirash Sharma, Advocate.
Mr. Harshwardhan Gupta, Advocate.
V/s
Anil Gupta .....Respondent(s)
Through:- Mr. U.K. Jalali, Sr. Advocate with
Ms. Prachi Sharma, Advocate.
Mr. Pranav Kohli, Sr. Advocate with
Mr. Rahul Sharma, Advocate.
CORAM: HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
HON'BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE
ORDER
07.04.2026
CM No. 4118/2025 in WP(C) No. 2043/2023
1. The present application has been preferred by the applicant/respondent seeking a
direction to the non-applicants/petitioners to release the pensionary benefits, fix the
regular pension and release gratuity and leave encashment in his favour.
2. It is submitted that the applicant was removed from service pursuant to Order No.
3-9/96/2019.E.I. dated 21.06.2021. The said order was challenged by the applicant
before the Central Administrative Tribunal, Jammu Bench, on the ground that he had
been removed from service in violation of the Central Civil Services (Classification,
Control and Appeal) Rules and principles of natural justice.
3. The Tribunal, vide its judgment dated 10.02.2022, allowed the application,
quashed the order of removal dated 21.06.2021 and directed the respondents
(petitioners herein) to reinstate the applicant to his post.
4. Pursuant to the directions of the Tribunal, the applicant was reinstated and
transferred to Chandigarh for resumption of duties, where he joined on 14.11.2024.
During the intervening period, the applicant attained the age of superannuation on
30.04.2025. It is submitted that thereafter the respondents fixed provisional pension of
the applicant at Rs. 40,000/-, however, gratuity and leave encashment have not been
released in favour of the applicant.
5. The applicant, therefore, seeks a direction to the respondents to release the
pensionary benefits, fix regular pension and release gratuity and leave encashment in
his favour.
6. The non-applicants/petitioners have filed their objections wherein they have
submitted they have released the pensionary benefits in favour of the applicant strictly
in accordance with law and as per entitlement. It is further submitted that the applicant
was earlier removed from service under Rule 11 of the CCS (CCA) Rules vide order
dated 21.06.2021 and, at that stage, the respondents had sanctioned compassionate
allowance in favour of the applicant, not exceeding two-thirds of pension and two-
thirds of gratuity, which would have been admissible to him had he retired on
compensation pension.
7. In view of the aforesaid facts and circumstances, and in view of the fact that vide
order dated 21.06.2021, the non-applicants/petitioners themselves had sanctioned
compassionate allowance as admissible to the applicant, i.e., two-thirds of the gratuity,
the present application is allowed to the extent of release of two-thirds of the gratuity,
as admissible, in favour of the applicant/respondent. The non-applicants/petitioners
are directed to release the aforesaid amount to the applicant within a period of eight
weeks from today.
8. This application is disposed of.
9. List on 19.05.2026.
(Shahzad Azeem) (Sindhu Sharma)
Judge Judge
Jammu:
07.04.2026
Michal Sharma/PS
