High CourtsSingle Bench(2020) 10 J&K CK 0038

Jawaid Ahmad Shah vs Union Territory Of J&K And Others

Jammu And Kashmir High Court · Decided on 21 October 2020

HON’BLE JUDGES
Ali Mohammad Magrey, J
CASE NUMBER
Civil Miscellaneous No. 4592, 4593 Of 2020, Writ Petition (C) No. 1637 Of 2020

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Judgment

9 paragraphs · 253 words

Ali Mohammad Magrey, J

CM No. 4592/2020

For the reasons mentioned in the application, coupled with submissions made at the Bar, the instant application is allowed and the applicant is permitted to file the instant petition without enclosing therewith the requisite Stamp duty, Court fee, attestation of documents, etc. It is, however, directed that the said deficiency shall be immediately made good by the applicant, as and when the prevailing lockdown period, announced by the Government, comes to an end.

Disposed of.

WP(C) No. 1637/2020

Petitioner, while working as Director in the Srinagar Development Authority, retired from service on reaching the age of superannuation, his case for release of post retiral benefits, as stated, was processed against the said post and submitted the same to respondent No. 3-Deputy Director, Local Fund Audit and Pensions Kashmir, Srinagar, who in terms of communication No. FD/DDLFA&P/2019-20k/1427-28 dated 17.09.2020, has objected the release of pensionary benefits in favour of the petitioner in the grade of Director, instead has asked the department to process the case of petitioner in the lower grade.

Since the petitioner has retired from service, so the Court will expedite the decision in the writ petition, therefore, feels to issue notice to other side to be waived on asking by Government counsel.

Notice, waived by Mr. Rayees-u-Din Ganai, learned GA, on behalf of respondents 1 and 2 and Mr. Sajad Ashraf, learned GA, on behalf of respondent No. 3. They shall file response within two weeks.

List on 16.11.2020, in the supplementary cause list.