The main legal point established in the judgment is that the respondents must consider and release pension and terminal benefits in accordance with the relevant Civil Services Rules, specifically Articles 236 to 240-A (1) to (4).

1. In this petition, filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu & Kashmir, the petitioner, seeks the quashment of the order bearing No. CEO/A/Legal/2614-16/16 dated 31st of March, 2016, issued by the respondent No.3.

2. The facts leading to the filing of the instant petition, as stated by the petitioner, are that the Government of Jammu and Kashmir announced/ framed a ‘Social Education Scheme’ way back in the year 1965 vide Government order bearing No.754-C of 1965 dated 20th of April, 1965. In pursuance of the said scheme, the petitioner, (alongwith others) was appointed as a Teacher in terms of order No. A/SOC/565-67 dated 16th of August, 1965, issued by the respondent No.2. In compliance with the order aforesaid, the petitioner joined the respondent Department and was, temporarily, posted at Boys High School, Devalgam, Tehsil and District Anantnag, for a period of one month, till he was substantively posting at Madura, Tral. It has been stated further that during the tenure of his initial service as Social Education Teacher, the petitioner, in addition to his own duties, was assigned the additional job of an Office Clerk, which, according to the petitioner, entitled him to one month’s leave on full pay, whenever and wherever he needed it, as also 720 days’ half pay leave by working in a vacation department. It is further stated that the petitioner worked with full dedication, devotion and to the best satisfaction of his superiors, as a result of which he was conferred the status of a substantive/ confirmed employee of the Department, thereby earning a right to terminal benefits like pension, gratuity, leave salary, etc. In March, 1977, the petitioner, it is stated, proceeded to pursue higher education by joining the ‘Post Graduate Course’ in History in the University of Kashmir. After completing the said course, the petitioner, on 14th of December, 1979 (F/N) submitted his joining report, but he was not allowed to resume his duties and his request for permission/ sanction of leave of whatever kind due at his credit was not decided. The petitioner was only directed to pursue the matter in the office of the Respondent No.3. Aggrieved thereby, the petitioner made a detailed representation to the Deputy Director, School Education Department, Kashmir, Srinagar, who, in turn, forwarded the same to the respondent No.3. Thereafter, the petitioner was advised to wait on the ground that his leave case has been submitted to the higher authorities for further instructions. Since no action was taken in the case of the petitioner, the petitioner was constrained to approach this Court through the medium of SWP No. 52/2000. The said writ petition was entertained by this Court and, after hearing the counsel for the parties, it was on the 8th of February, 2000, that the same was disposed of with a direction to the respondents to consider the representation of the petitioner. Despite this orders of the Court, the respondents did not take any action in the matter, compelling the petitioner to file another writ petition bearing SWP No.354/2016, which is connected with the instant petition, seeking the following reliefs:

a. Mandamus commanding the respondents to settle and decide the case of the petitioner for release of pension and terminal benefits in pursuance of applicable provisions of CSR’s contained in Articles 236 to 240-A (1) to (v) and release all the due arrears in favour of the petitioner within one month.

b. Certiorari for quashing the orders or decisions taken behind the back of the petitioner depriving him of his entitled service benefits and declare these as non est in the eyes of law.

c. Mandamus commanding the respondents to release the arrears of leave salary, increments, GP Fund and balance in SLI Fund and deposit the same in the Registry of the High Court within one month.

d. Mandamus commanding the respondents to settle the leave case of the petitioner and sa