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Judgment
ORDER
Per Hon’ble Mr. M.S. Latif, Member (Judl.)
By way of filing the instant O.A., the applicant seeks the following reliefs:
a. An order or direction directing the respondents to release the G.P of the applicant as against the post of driver to which he has been promoted on officiating basis in terms of order 27-09-2018.
b. An order or direction directing the respondents to release the G.P Fund of the applicant which has been withheld
along with interest to compounded @ 6% per annum.
c. Any other order or direction which this Hon'ble Tribunal deems appropriate and considers the applicant entitled thereto be also issued.
What stems out of the pleadings made is that the applicant was initially appointed as a Class-IV employee and was subsequently promoted to the post of Driver on officiating basis. It is stated that the applicant was regularized in service on 09.01.1996 and has been discharging the duties of Driver on officiating basis since the year 2018.
As stated, the applicant is presently drawing his salary against the post of Driver. It is further averred that, pursuant to the amendment to the Recruitment Rules notified by the Department of Health and Medical Education, Government of Jammu & Kashmir, vide S.O. 334 dated 13.07.2022, the qualifications for the post of Driver have been relaxed and the post of Driver is to be filled up 90% by direct recruitment and 10% by promotion from amongst Class-IC Category-A possessing valid HGV/PSV driving license and five years' service. The minimum educational
qualification prescribed is Matriculation or above from a recognized Board. It is stated that the applicant fulfilled the prescribed requirements and was accordingly promoted to the post of Driver on officiating basis.
The short grievance as projected by the applicant in the instant O.A. is that, in March 2025, on account of the marriage of his children, he applied for release of his General Provident Fund (GPF) and completed all the requisite formalities. However, despite the applicant being in dire need of the said amount and the GPF deductions having been made from his salary in accordance with the pay drawn by him against the post of Driver, the respondents have neither released the GPF amount nor given any reason for denying the release of the same.
It is contended that the respondents have been utilizing the services of the applicant against the post of Driver since 2018 and have also extended to him the grade and pay for the said post, while his claim for release of his legitimate GPF, has remained pending since March 2025.
Being aggrieved by the inaction of the respondents in
releasing the GPF amount despite completion of the requisite formalities, the applicant has approached this Tribunal by way of the present O.A. seeking redressal of his grievances.
Heard.
At the request of learned counsel for the applicant, the O.A. is taken up for its disposal.
The O.A. is disposed of by providing that the respondents shall treat this O.A. along with all the annexures, as a representation, who shall consider the release of the GPF in favour of the applicant, in accordance with law and if there is no legal impediment. The respondents shall keep note of the fact that the applicant is in dire need of his GPF, on account of marriage of his children. The respondents shall do the needful within a period of six weeks positively from the date a certified copy of this Order is served upon them.
Accordingly, O.A. No. 940/2026 is disposed of along with all connected M.A.s, if any.