1. The petitioner has filed this writ petition in terms of Article 226 of the Constitution of India read with Section 103 of Jammu & Kashmir State Constitution, for commanding the respondents to settle the pension case of the petitioner at the rate of 18% interest and to award compensation in favour of the petitioner on the grounds taken in the writ petition, which can be aptly and precisely summarized as under: -

The petitioner, who was the employee of Health Department, attained the age of superannuating in terms of annexure-P2. The respondents had not settled the pension case of the petitioner in time which constrained the petitioner to file the present petition. The petitioner has prayed for grant of following reliefs:-

"(a) Writ of mandamus, commanding the respondents to take effective and proper steps and to settle the pension case of the petitioner and to release all pensioner benefits, gratuity and other Service benefits to which the petitioner is otherwise entitled to under rules, and further,

(b) by issuance of an appropriate writ, all service benefits be released retrospectively with interest at 18% applicable for all nationalize banks and further,

(c) by issuance of appropriate writ, direction or order, the petitioner be awarded compensation to the tune of Rs. five lacs and, further,

(d) by issuance of an appropriate writ, direction or order, the respondents barring the respondent No.3 (Chief Medical officer, Pulwama) be commanded to initiate disciplinary action proceedings against Respondent No.3 in committing intentional and deliberate delay towards the settlement of the pension case of the petitioner and necessary orders be issued against respondent No. 3 and respondent No. 3 be penalized for making deliberate attempt in causing harm to the petitioner and effecting service rights and benefits of the petitioner. "

2. This Writ petition came to be admitted vide order dated 10th September, 1999. The respondents 1 and 2 have filed reply. It is profitable to reproduce para (a) of the preliminary objections, herein, which read as under :-

"(a) That petitioner was asked by the CMO, Pulwama to provide relevant service record in order to complete his pension case. The service book of petitioner was not supported with the history sheet w.ef 14.6.61 i.e. the date of first appointment on 30.4.77 and service history sheet had to be completed from the records. Not only that the service records was also not complete in respect of time bound promotion as petitioner had not applied for time bound promotion well in time during his service period, so the same has now been completed after petitioner s retirement. It is pertinent to mention it here that the petitioner had spent a period of about 9 years in foreign assignment during his service period with the result his service record was not complete due to his absence from duty. Petitioner was also required under rules to provide No Demand Certificate from the Estates Department as required under rules for completion of his pension case. Petitioner did not provide Form (A) and no demand certificate and other service record neither to the respondent No.5(Accountant General) nor to the parent department for completion of his pension case. However, the pension case of petitioner has now been submitted to the respondent No. 5 without aforementioned documents. So at no point of time, answering respondents can be held liable for not completing the pension case of petitioner. It is only because of negligence of petitioner that the pension case has not been settled, as petitioner did not complete the formalities. The writ petition, as such is. not maintainable and is liable to be dismissed. "

3, Petitioner has filed rejoinder affidavit. It is profitable to reproduce para-1 of the rejoinder affidavit, herein, which reads as under-

"l/ That the facts stated in the heading preliminary objections points towards the negligence and undue delay caused by the respondents 1 and 2 in completing th

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