Central Administrative Tribunal Jammu Bench, Jammu Hearing through video conferencing Original Application No. 61/799/2024 This the 31st day of July, 2024 Hon’ble Mr. Rajinder Singh Dogra, Member (J)

Dr. Syed Mohammad Shah, age 79 years S/o Baghi Mohd, Lane no. 6, Mughal Mohalla, Lal Bazar At present Trident Apartments Flat no. 4, Chennirama, Jammu –180015.

...Applicant (Through Advocate: Ms. Sabrina Fayaz)

Versus

1. UT of J&K through Commissioner Secretary Agriculture Department, Civil Secretariat, Jammu/ Srinagar –

180001/190001.

2. Secretary General Administration Department, Civil Secretariat, Jammu/Srinagar – 180001/190001.

3. Director Animal Husbandry Kashmir, GawKadal, Srinagar, 190001.

4. Accountant General, J&K – 180001/190001.

...Respondents (Through Advocate: Mr. Sudesh Magotra, learned A.A.G./ Mr.

Dewakar Sharma, learned D.A.G./ Mr. Sumant Sudan)

O R D E R

1. By way of the instant Original Application learned counsel for the applicant submitted that the applicant was initially appointed as Live Stock Inspector (VAS) in Hill Cattle Development Scheme Ganderbal from 23/07/1966 to 08/01/1970 and then got transferred from time to time to other departments and worked as Veterinary Assistant Surgeon (VAS) in Handwara Kashmir for the period from 08/01/1970 to 31/03/1970, then as Veterinary Assistant surgeon (VAS) in Bandipora Kashmir for the period from 31/03/1970 to 30/06/1970, then as Veterinary Assistant surgeon (VAS) in Hanjiwara (ICD Project) for the period from 30/06/1970 to 27/09/1970, then as Veterinary Assistant surgeon (VAS) in Sankoo Kargil for the period from 27/09/1970 to 29/11/1971, then as Veterinary Assistant Surgeon (VAS) in Leh Ladakh for the period from 29/11/1971 to 25/7/1972, then Artificial Insemination Officer Central artificial breeding station Srinagar Kashmir for the period from 25/07/1972 to 14/06/1977, then Lecturer Stock Assistant training institute Srinagar from 14/06/1977 to 17/09/1977, then as Officer In-charge Artificial Breeding Station Srinagar Kashmir Cheshmashahi/Ranbirbagh from 17/09/1977 to 07/04/1984 and during the said period, the applicant was also deputed for MVSc at Ranchi Veterinary College. The applicant was later on working as Lecturer Stock Assistant in a training institute in Srinagar for the period from 07/04/1984 to 04/12/1986. It was only after 04/12/1986, the applicant applied for a leave and the same was sanctioned to him and the applicant only after getting the sanction from the department proceeded for the leave to USA. Initially, the applicant applied for 10 days casual leave, however, subsequently, the same was extended initially for 3 months, then after for one more year. As the situations were not favourable to the applicant first as the applicant’s wife had undergone a surgery and second due to the militancy which was at its peak during 90’s. Therefore, considering the said circumstances, the applicant submitted an application to the Administrative Department seeking premature retirement (voluntarily retirement) on the grounds that he is not in a position to return back in near future to resume his duties in the valley. It becomes pertinent to mention here that the request of the applicant for premature retirement was breeding communications only however, the same being effective because of the fact that the Department has neither suspended the applicant nor has the department refused to accept the retirement, therefore the applicant having served the department for more than 20 years was entitled to pension and the other consequential benefits. The applicant requested the Department saying that the period for which the applicant has remained absent from his duties be treated as dies-non however, the pensionary benefits of the applicant be settled but to no avail. Therefore, in the year 2023, the applicant again filed a representation before the Department for the settlement of his pension. However, the applicant was informed that the service book is not available as the