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SANJEEV KUMAR, RAJNESH OSWAL
State of J&K – Appellant
Versus
Khursheed Ahmad Mir – Respondent
JUDGMENT :
Sanjeev Kumar, J.
LPASW No.11/2019 & LPASW No.13/2019
1. These two appeals filed under Clause 12 of the Letters Patent of this Court; one filed by the State of J&K and the other by the Jammu and Kashmir State Industrial Development Corporation (‘SIDCO’ hereafter), are directed against the judgment dated 09.10.2018 passed by the learned Single Judge (the Writ Court) in SWP No. 775/2017 titled Hamidullah Andrabi and ors v. State of J&K and others, whereby the Writ Court has allowed the writ petition of the respondents and directed the appellants herein to pay and grant pensionary benefits to the respondents in accordance with their entitlement as per Rules governing the government servants, as were available to them before issuance of SRO 400 of 2019 dated 24.12.2009.
2. The writ petitioners, the respondents herein, are retired employees of SIDCO, who were not paid any retirement pension at the time of their superannuation. They claim to have made some representations to the appellants for release of pensionary benefits but could not persuade the appellants for g
Employees directly recruited by a corporation under non-pensionable regulations are not entitled to pensionary benefits, even if they claim parity with employees of a predecessor government entity wh....
Employees of autonomous bodies cannot claim pension benefits on par with government employees unless formally adopted by the governing body.
The main legal point established in the judgment is that ex-employees, initially government servants, are entitled to pensionary and retiral benefits as government servants, in accordance with releva....
The main legal point established in the judgment is that the appellants were entitled to the benefits of the Pension Regulations of 2002, and the denial of rights was not based on their failure to ex....
The Government's intention, as per the Government Order, was clear in favor of providing the benefit of counting the past service rendered by the writ petitioners in the Society towards qualifying se....
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