Judgment

Ali Mohammad Magrey, J.—By medium of the instant petition, the petitioner has craved the indulgence of this Court in granting him the following relief(s):

“(i) Writ of Mandamus commanding the respondents to release the monthly pension in favour of petitioner, which has already been fixed to the tune Rs.70158/- as on November, 2018 and also release the arrears of pension which have been calculated to the tune of Rs.39,34,206/- upto November, 2018, in terms of the pension scheme notified by the respondent-JKSPDC. The respondents be further directed to release the rest of arrears of pension from November, 2018 till date at revised applicable rates and ensure its continuous disbursement in favour of the petitioner without any let or hindrance. The Hon’ble Court may be further pleased to command the respondent No.2 to issue PPO forthwith and respondent No.4 be also commanded to release the monthly pension regularly in favour of the petitioner.

(ii) Writ of Mandamus commanding the respondents to pay the interest @ 18 per annum for intentionally withholding the payment of pension/ arrears of pension calculated taking into consideration judgment of the Hon’ble Apex Court reported in AIR 2000 SC 3513 governing the field.

(iii) This Hon’ble Court may further be pleased to award costs of litigation to the tune of Rs.2.00 lacs in favour of the petitioner and same may be recovered from respondents and also Rs.1.00 lac as compensation for causing mental agony and loss of valuable time to the petitioner.

(iv) Any other order, writ or direction may also be issued in favour of the petitioner and against the respondents which this Hon’ble Court deems fit and necessary in the facts and circumstances of the case.”

2. The case of the petitioner, put in a nutshell, is that he, on the basis of his qualification and merit, initially in the year 1982, came to be appointed in the Jammu and Kashmir State Industrial Corporation. On the basis of his performance, the petitioner, in the year 1995, was sent on deputation in the Bureau of Public Enterprise. Subsequently, by way of Government Order No.1245-GAD of 1997 dated 7th of August, 1997, the petitioner was sent on deputation in the Jammu and Kashmir State Power Development Corporation (hereinafter referred to as “the Corporation”). The petitioner claims to have accepted the aforesaid assignment only keeping in view the fact that since the Corporation, being one of the premier Corporations of the erstwhile State dealing in generation of power, was following the rules of the Government of Jammu and Kashmir vis-à-vis the service benefits of the employees in letter and spirit, as such, pension after retirement of an employee in the Corporation was one of the benefit which will flow to the petitioner after his retirement. Thereafter, in terms of Order No. PDC/103 of 2001 dated 29th of August, 2001, the post of Financial Analyst manned by the petitioner in the respondent Corporation was upgraded from 10000-35-15200 to 12000-375-16500 and the grade was ordered to be released in favour of the petitioner with immediate effect. In the said order, it was specifically provided that the other terms and conditions governing the services of the petitioner will be the same as are applicable to other employees borne on the establishment of the Corporation till such time the Corporation adopts its own rules. After upgrading the post of Financial Analyst held by the petitioner, the highest decision-making authority in the Corporation realized that the services of the petitioner are indispensable for the Corporation, as such, the petitioner was permanently absorbed in the Corporation vide order No. PDC/MD/6084 dated 25th of September, 2001. After the said absorption, the petitioner was given further promotions keeping in view the expertise and services rendered by the petitioner, thereby making the petitioner a permanent employee of the Corporation. The petitioner was, thereafter, promoted/ redesignated as Chief G