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HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Hasnain Massodi, J.
Kishander Singh & Ors. -Appellant
Versus
State & Ors. -Resopndent
SWP No. 1317-2006, IA Nos. 2729-2009 & 3093-2012 c-w SWP No. 1409-2009, IA No. 2808-2009
Decided On : 26-07-2013
Suspension - Retiral Benefits - J&K (Classification, Control and Appeal) Rules, 1956 - The court allowed the writ petitions and quashed the government orders, directing the respondents to compute and release all retiral benefits due to the petitioners, ignoring the quashed orders, within eight weeks from the date of receipt of the court's order.
Fact of the Case:
The petitioners faced trial in a case involving embezzlement of government funds. They were suspended and retired on superannuation without receiving their retiral benefits. They filed writ petitions seeking the release of their withheld benefits and alleged discriminatory treatment compared to their colleagues.
Finding of the Court:
The court found that the suspension orders had lost their force due to the prolonged suspension period and lack of periodic review. It also held that the government had acted in a discriminatory manner by selectively conferring benefits on some employees while denying them to the petitioners.
Issues: The court addressed the permissibility of retrospective suspension, the indefinite duration of suspension, and the discriminatory treatment of government servants facing trial.
Ratio Decidendi: The court ruled that suspension orders cannot be open-ended and must be periodically reviewed. It also held that the government's selective distribution of benefits violated the principle of equality under Article 14 of the Constitution of India.
Final Decision: The court allowed the writ petitions, quashed the government orders, and directed the respondents to release all retiral benefits due to the petitioners within eight weeks, subject to an undertaking to deposit any recoverable government money.
2. The trial remains to be concluded and the trial Court is yet to return a finding on their alleged involvement in, what is commonly known as "Anantnag Scam", and the charge framed against each of them. They during pendency of trial have retired on superannuation. However, they have not been allowed the retiral benefits till date. They, therefore, are caught in a situation where they are not in a position to sustain themselves in old age, and provide for their families. The retiral benefits due to them, would be the only source of sustenance for them and their families and without pensionery benefits otherwise due to them, except for their alleged involvement in the aforesaid case, they and their families are left high and dry without any source to fall back upon.
3. The grievance voiced in the writ petition no. 1317/2006 is two fold. In the first place, petitioners complain that their other colleagues facing trial like petitioners on a similar charge before Special Judge (Anti Corruption) Srinagar, have been reinstated, promoted and even allowed all retiral benefits, while petitioners have been singled out for discriminatory treatment. Secondly, it is contended that the respondents after their reinstatement, lacked power to place them under suspension retrospectively with effect from 25.06.1993.
4. Petitioners in SWP no. 1317/2006 on the grounds urged in the petition seek following relief:-
a) A writ of Mandamus commanding the respondents:
(i) to implement the judgment of Full Bench of the High Court dated 05.09.2003 in letter and spirit by settling the case of the petitioners for release of full pensionery/terminal benefits in terms of rules and release all the due arrears in favour of the petitioner without any delay or hindrance.
(ii) to release the withheld amount of salary (1/4th) and also release the remaining arrears of full pay and allowances, for the intervening period w.e.f; 25.06.1993 to 29.01.2004, which has been allowed to the similarly situated employees who have been reinstated and provided full benefits of salary, allowance and pension, without any deductions.
(iii) to release all the withheld amounts of pension (with amount commutable under rules), gratuity and leave salary etc, within a period of one month.
(iv) to provide equal opportunities to the petitioners in respect of promotions/induction into KAS and other higher services/posts to the petitioners alongwith other employees who have been promoted during the period of their suspension as the order has been already quashed by the Hon'ble Court.
(v) to take disciplinary action against the officers/officers responsible for deliberately circumventing and bypassing the Court orders while processing and passing the impugned order dated 29.01.2004.
(vi) to pay adequate amount of compensation to the petitioner for the ordeal they have faced due to the illegal and harsh actions of the respondents, the compensation being quantified to the tune of Rs.10.00 lacs for each petitioner.
b) A writ of Certiorari for quashing the Govt. Order No. 143-GAD of 2004 dated 29.01.2004 to t
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