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2020 Supreme(J&K) 389

ALI MOHAMMAD MAGREY
Abdul Rashid Makroo – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner(s):Mr. S.A. Makroo, Advocate with Mr. B.A. Malla, Advocate
For the Respondent(s) Nos.1 to 3: Mr. Irfan Andleeb, Dy. AG
For the Respondent(s) No.4:Mr. Arshid Ahmad Wani, Advocate

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

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