CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 2162/2020 Reserved on: - 01.08.2025 Pronounced on: - 24.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

Mrs Sarita Koul, aged 61 years w/o Ashok Kumar Koul r/o H.No.349, Street No.11, Talab Tillo, Jammu, Pin-code 180002.

…Applicant (Advocate: - Mr. Rameshwar P Sharma)

Versus

1. State of J&K through Commissioner/Secretary Flood Control and Irrigation Dept., Civil Secretariat, Srinagar.

2. Chief Engineer, Flood Control and Irrigation Dept.. Jammu.

3. Superintendent Engineer, Flood Control and Irrigation Dept., Circle Udhampur.

4. Executive Engineer, Flood Control and Irrigation Dept., Mahore Irrigation Division, Dharmari, Reasi.

5. Accountant General (A&E) J&K, Jammu.

….Respondents (Advocate: - Mr. Rajesh Thapa, ld. A.A.G., Mr. Akshay Sadotra)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 1892/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/2162/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) issuance of an appropriate writ, direction or order of the nature of Mandamus commanding the respondents no.1 to 4 to process and submit family pension case to respondent no.5 for release of full pensionary benefits like  Leave encashment  Gratuity  Full pension arrears from date retirement 30-11-2007 upto till death husband. 28-08-2012 payable to  Balance monthly salary upto 30-11-2007.

 Full & Fund GP final alongwith interest. Amount  Family pension based on after revision made pension full payable to husband Ashok Kumar Koul.

in favour of the petitioner on a/c of death of her husband Ashok Kumar Koul who retired on 30-11-2007 and died on Senior 28/08/2012 while serving under the Executive Assistant, as Engineer, Mahore Irrigation Division, Dharmari.

b) issuance of any other appropriate writ, direction or order which is just the in and proper circumstances of the facts and case to grant relief to the petitioner.

3. The facts of the case as pleaded by the petitioner in her pleadings are as follows: -

a) The applicant, Mrs. Sarita Koul, is the widow of Late Shri Ashok Kumar Koul, who served in the Flood Control and Irrigation Department of the erstwhile State of Jammu and Kashmir and retired on attaining the age of superannuation on 30.11.2007, after rendering about 36 years, 2 months and 22 days of service.

b) It is the case of the applicant that at the time of retirement, her husband was on duty and no order had been passed by the competent authority withholding his retiral or pensionary benefits. However, despite retirement, several pensionary dues such as gratuity, leave encashment, arrears of pension, balance salary, and final General Provident Fund (GPF)

were not released in his favour.

c) The applicant states that the withholding of these benefits was purportedly on the ground of an alleged departmental enquiry relating to store shortages, though according to her, no lawful enquiry was pending or concluded in accordance with the applicable Pension Rules.

d) During the lifetime of the retired employee, provisional pension was sanctioned. After his demise on 28.08.2012, family pension was eventually released in favour of the applicant with effect from 01.12.2007, vide PPO No. 110903170, though only after considerable delay.

e) The grievance of the applicant is that even after the death of her husband, the respondents failed to release the remaining retiral benefits, including death-cum-retirement gratuity (DCRG), leave encashment, arrears of pension from 30.11.2007 to 28.08.2012, and final settlement of GPF, despite repeated representations.

f) It is further pleaded that the office of the District Fund Office, Reasi, vide communication dated 11.04.2018, returned the GPF case for rectification and resubmission by the concerned Execu