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Judgment
Tashi Rabstan, J
The petitioner through the medium of instant petition is seeking quashment of Govt. Order No.PNR-II/C-4/2018-19/1991-93 dated 27.02.2019 whereby respondent No.4 review/-re-examine the benefit, which was granted under SRO 59 of 1990 dated 06.02.1990, that too in violation of Article 242 of CSR; with a further direction to respondent No.4 to settle the pension case of the petitioner as per the last pay drawn by him at the time of superannuation and with a further direction to the respondent No.4 to pay the emoluments of retirement benefits with immediate effect.
The order impugned has been challenged on the grounds that the same has been issued in violation of Article 242 of CSR; that the petitioner has been discriminated vis-à-vis other employee of same cadre whose pension has been settled; that no misrepresentation was ever made by the petitioner at the time of granting benefit of higher pay scale; and that there is an absolute bar to check and correctness otherwise to pass employment behind the period of 24 months proceeding to the date of retirement in terms of Article 242 of J&K Civil Service Regulations.
The petitioner while placing reliance on Article 242 of CSR Volume-1, submits that he has already approached in this regard to respondent No.4, but, all in vain. Learned counsel for the petitioner submits that the petitioner would feel satisfied if respondent No.4 is called upon to take a decision on his request in light of the Article 242 of CSR Volume 1 and in view of other similar cases, which have already been settled by respondent No.4 within certain timeframe to which learned counsel appearing on behalf of the respondents are not averse to this proposition, except for their assertions that the respondents be directed to do the needful in terms of the law and the rules governing the field. Their statements are taken on record.
In view of the submissions made by the learned counsel for the parties and in the facts of the case, the writ petition is disposed of by permitting the petitioner to file a detailed representation supported by relevant documents including the judgment, if any, passed in similar cases and implemented by respondent No.4 within a period of two weeks from today. On receipt of such representation, the same shall be considered and decided within a period of six weeks thereafter.
With the aforesaid directions, the writ petition is disposed of accordingly, along with connected CM(s), if any.