The Jammu & Kashmir and Ladakh High Court bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar disposed of a writ petition filed by the Union Territory of J&K challenging the order of the Central Administrative Tribunal (CAT) dated 20 February 2025 .
The case concerned a respondent who was appointed as an Agriculture Extension Officer in 1983. He availed leave from April to June 2006 but failed to return, eventually rejoining only in October 2008. This absence was adjusted against leave of whatever kind was due. On 15 January 2010, he applied for voluntary retirement effective 1 February 2010, but the request remained undecided. He later attained the age of superannuation on 31 March 2020. In the absence of a formal retirement order, his pension was withheld.The CAT had directed the Government to forward his case for pension and to regularize his absence from 2008 to 2020. Challenging this, the petitioners argued that the Tribunal erred in condoning the respondent’s absence up to 2020, though they conceded to treat him as in service until 15 January 2010 for pensionary purposes. The respondent also accepted this position.
Taking note of the departmental delay and the consensus between the parties, the High Court modified the Tribunal’s order. It held that the respondent would be treated as in service from 31 December 1983 until 20 October 2008/15 January 2010, subject to confirmation of records. The authorities were directed to process his pension within two months, while the Principal Accountant General was instructed to release the benefits within the same timeframe. In case of further delay, the respondent would be entitled to interest at 6% per annum. The writ petition was accordingly disposed of.
Appearances:
For the Petitioners: Mr. Suneel Malhotra, GA
For the Respondent: Mr. Abhinav Sharma, Sr. Advocate w/ Mr. Abhirash Sharma
