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2021 Supreme(J&K) 258

VINOD CHATTERJI KOUL, PANKAJ MITHAL
Union Territory of J&K – Appellant
Versus
Abdul Rashid Makroo – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Irfan Andleeb.
For the Respondents: Mr. S.A. Makroo, Mr. Mohammad Amin.

JUDGMENT :

PANKAJ MITHAL, J.

1. Heard Mr. Irfan Andleeb, learned Dy. A.G. for the appellants and Mr. S.A. Makroo, learned senior counsel assisted by Mr. Mohammad Amin, Advocate, for the respondent.

2. The appeal under Clause 12 of the Letters Patent is directed against the judgment and order dated 20th November, 2020, passed by the writ court allowing W.P. (C) No. 2865/2019, Abdul Rashid Makroo vs. State of Jammu and Kashmir and Others, by which a writ in the nature of mandamus has been issued directing the appellants/respondents to release the pensionary/retiral benefits including gratuity etc. along with arrears thereof with interest @ 6% per annum in favour of the respondent/petitioner, in accordance with the rules as are applicable to the employees of the Government of Jammu and Kashmir.

3. The respondent/petitioner invoked the writ jurisdiction of this court claiming direction for release of his pension which was fixed at the rate of Rs. 70158/- as on November, 2018 and to release the arrears of pension amounting to Rs. 39,34,216/- up to November, 2018, in terms of the Pension Scheme notified by the Jammu and Kashmir State Power Development Corporation, hereinafter referred to as

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