Kamlesh Gupta vs State Of Jammu & Kashmir And Ors

Tashi Rabstan, J

Petitioner is widow of Sudershan Kumar Gupta, who was employed as Financial Advisor with the Managing Director, Handloom Development Corporation, Jammu. Vide Government order no. 67-IND of 2001 dated 22.03.2001, voluntary retirement scheme for the employees of the said firm was introduced like other employees working with the Government Organization mainly Himalayan Wool Combers Limited, which was known as Golden Handshake Scheme with the following benefits:

"a. Balance in the provident fund account shall be payable as provident fund regulation;

b. Cash equivalent accumulated to be treated as earned leave as per the rules of the company concerned;

c. Gratuity shall be paid under the mandate of payment of Gratuity Act.

d. Salary consisting of basic pay plus Cost of Living Index (COLA) shall be sanctioned upto the year 2001 or the date of implementation of scheme whichever is earlier."

The grievance of the petitioner is that the husband of the petitioner expired on 05.01.2009 and the petitioner being his widow was not aware of the benefits which were available under the said Scheme and the COLA for the year 1999-2000 though released in favour of the employees of the Public Sector Undertaking later, has not been disbursed to the petitioner. It is further contended that the issue was considered by this Court in SWP No. 996/2006 titled as Rattan Lal Tiku and ors. Vs. State of J&K & Ors. decided on 16. 08.2010 and SWP No. 1958/2018 titled as Suresh Kumar and ors. Vs. State of J&K & ors. decided on 25.09.2018 and judgment dated 12.04.2019 passed in SWP No, 785/2019 where similarly situated employees had approached this Court were granted relief while deciding the aforesaid writ petition directing the respondents to consider the release of COLA for the year 1999-2000 as per the Golden Handshake Scheme promulgated vide Government Order No. 58-F of 2002 dated 30.03.2002.

Learned counsel for the petitioner submitted that the husband of the petitioner was similarly situated as the petitioners in aforesaid writ petition and the petitioner would feel satisfied if this petition is disposed of at this stage by directing the respondents to take note of the aforesaid judgments and consider the release of COLA in favour of the petitioner for the year 1999-2000 within a specified time period.

In view of the fact that the similar matter has already been decided by this Court in SWP No. 996/2006 and in SWP No. 1958/2018 as also in SWP No.785/2019, the instant petition is disposed of by directing respondent no.3-Managing Director, Handloom Development Corporation, Jammu, to consider and decide the claim of the petitioner for release of COLA for the 1999-2000 as per the Golden Handshake Scheme and in terms of Government Order No. 58-F of 2002 dated 30.03.2002. The consideration order be passed by respondent no.3 within six weeks from the date a certified copy of this order along with copy of the writ petition as well as the judgments passed in similarly situated cases is supplied to the respondents.

Disposed of accordingly along with connected CM(s).