Retired employees cannot have their pension and benefits withheld due to administrative errors, and recovery of excess payments is impermissible unless fraud or misrepresentation is proven.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 2455/2010 C/w 2635/2012 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. Nos. 5549/2021 & 5582/2021 by the Registry of this Tribunal.

2. The present matter (TA 5582/2021) was filed before the Hon’ble High Court with following prayer:

a) “Issue WRIT OF MANDAMUS directing and commanding the Respondents to fix, release and disburse the Pension, Gratuity, G.P Fund, Insurance Claim, Leave Encashment etc. due to the Writ Petitioner on the basis of Last Pay Drawn w.e.f July 01, 2012;

b) Issue WRIT OF MANDAMUS directing and commanding the Respondents to award interest at the rate of 24% per annum, on the belated payment for delay in settlement and disbursement of the Gratuity, G.P Fund, Insurance Claim, Leave Encashment and Pensionary Claims of the Writ Petitioner w.e.f July 01, 2012 till the actual payment is tendered;

c) Issue WRIT OF MANDAMUS directing and commanding the Respondents to pay damages to the extent of Rupees Fifty Lacs. in favour of the Writ Petitioner, on account of mental torture and agony suffered at the hands of the Respondents in not settling and disbursing the Gratuity, G. P Fund, Insurance Claim, Leave Encashment and Pensionary Claims of the Writ Petitioner before the date of her retirement, for throwing the Writ Petitioner into merciless jaws of tyranny, silent sufferance and unheard condemnation;

d) Any other Order/Orders may also be passed which this Hon'ble Court deem fit and appropriate in the facts and circumstances of the present case.

e) The costs of the Writ Petition (Service) be also awarded in favour of the Writ Petitioner and against the Respondents.”

3. The present matter (TA 5549/2021) was filed before the Hon’ble High Court with following prayer:

a) “Issue Writ of Certiorari quashing Order No. DSEJ/NG/M/6142-43 dated 28.07.2010 dated 28.07.2010 passed by the Director School Education, Jammu, whereby, the placement/promotion of the writ petitioner as Master in the then Grade of Rs. 1760-3200/- Vide Order No. DSEJ/ANG/Prom./1340-50 dated 26.07.1995 passed by the Director School Education, Jammu, on the clearance by the Departmental Promotion Committee, has been cancelled and the concerned Drawing and Disbursing Officer has been asked to re-fix the pay of the writ petitioner in the Master grade with effect from 04.01.2003 and further make recovery on account of excess salary drawn in the Master grade w. e. f 26.07.1995 to 03.01.2003 on affordable monthly installments, having been passed in derogation of the provisions of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 and in contravention of Provisions of Articles 67-A of Jammu and Kashmir Civil Service Regulations, 1956;

b) Issue Writ of Mandamus directing and commanding the respondents to allow the writ petitioner to continue and work as Master, in pursuance of Order No. DSEJ/ANG/Prom./1340-50 dated 26.07.1995 passed by the Director School Education, Jammu, on the clearance by the Departmental Promotion Committee;

c) Any other order/orders may also be passed which this Hon’ble Court deem fit and appropriate in the facts and circumstances of the present case. The costs of the writ petition be also awarded in favour of the writ petitioner and against the respondents.”

4. The facts of the case as averred by the petitioner in her pleadings, are as follows: -

a) The petitioner, Ms. Santosh Sharma, a permanent resident of Jammu and Kashmir and a law-abiding citizen, has filed a writ petition under Section 103 of the Constitution of Jammu and Kashmir , read with Article 226 of the Constitution of India , seeking redress for the non-disbursement of her retirement benefits. She retired from government service on June 30, 2012, upon attaining the age of superannuation, but the respondents have failed to release her pension, gratuity, General Provident Fund (GPF), insurance claim, and leave encashment. She argues tha