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::2 :: O.A. No. 270/2025

O R D E R

An application under Section 19 of the Administrative Tribunals

Act, 1985 has been filed by the applicant seeking the following reliefs:-

(i) Allow the Original Application of the applicant.

(ii) Direct the Respondents to re-fix/release the pension as well

as the pensionary benefits in favour of the applicant taking into

account the promotion of the applicant from Nursing Orderly to

Junior Pharmacist vide Order No. DISM/Est/11629-33 dated

01.02.2018 strictly as per the service book entries and with all

notional and monetary benefits, alongwith interest @ 24% per

annum.

(iii) any other relief which this Tribunal may deem just and

proper in the given facts and circumstances of the case may also

be passed.

2. The facts of the case, as averred in the O.A., are that the

applicant was appointed as Nursing Orderly on 23.03.1977 in the pay

scale of Rs. 170-230 by the Director, Health Services (respondent no.

2) vide order No. 212/N6 of 1977 of 23.03.1977 in Ayd. Disp.,

Marhem. The pay of the applicant has been raised from time to time

and his pay was last revised from the pay scale of Rs. 3050-4590 to

the pay scale of Rs. 5200- Rs. 20200 on account of the 6th Pay

Commission vide the SRO-93 dated 15.4.2009 and SRO-232. In the

meantime, the applicant pursued Diploma in Pharmacy during the

year 2008-09. The applicant retired on superannuation on 30.11.2017

as Nursing Orderly. On superannuation of the applicant, the pension

and pensionary benefits of the applicant were calculated on the basis

of grade held by the applicant on the post of Nursing Orderly and

accordingly were being paid to him. Since the applicant was a

POOJA D Di Ng :it a Cl =y I Nsi ,g One =d C eb ny tP raO l AO dJ mA inS iO stN raI tive Tribunal Jammu Bench,

OU=Stenographer Grade C, PostalCode=180001, L=jammu,

S=JAMMU AND KASHMIR, STREET="Wazarat Road,

Opposite Chief Secretary Camp ofice Jammu Jandk", Phone=

266538272f650366ef5403ac11b28247166a22053d1252290ee

SONI 2 b9 4d 8b 40 84 22 10 bf de 6a 96 e4 6, fS edE bR aI eA 7L 2N 4U 3M 92B 2E 9R 8a= 3ae452f84495a9c8897421

b302d01bb0f9b, E=sonipooja4271@gmail.com, CN=POOJA

SONI

Location:

Date: 2025.12.19 17:05:52+05'30'

::4 :: O.A. No. 270/2025

consider eligible Nursing orderlies to the available vacancies of Junior

Pharmacist in promotion quota. The applicant was found eligible and

cleared for promotion to the available post of Junior Pharmacist w.e.f.

31.12.2014 notionally. The applicant retired on superannuation on

30.11.2017, however, the formal order of promotion in favour of the

applicant was issued after his retirement on 01.02.2018. The

grievance of the applicant is that his promotion has not been counted

for pension and has sought refixation/release of his pension and

pensionary benefits. The respondents no. 1 and 3 have no role in

refixing/release of pensioner benefits in favour of the applicant. It is

further averred that the fact of promotion has been entered into his

service records by his controlling officer/DDO, who has not been

arrayed as party respondent in the case. The Drawing and Disbursing

Officer (DDO)/District Ayush Officer of the applicant had forwarded

the pension case of the applicant to the respondent No. 4 for sanction

of pension.

4. The respondent no. 4, in his written objection, has stated that

no legal or fundamental rights of the applicant have been violated and

therefore the application is not maintainable. It is further averred that

under the law and relevant rules governing the field, the applicant is

not entitled to any relief as claimed by him. It has been stated that the

pension case of the applicant was received in the office of the

respondent no. 4 from the Asstt. District Medical Officer ISM Kathua

vide ADMO/ISM/K/836-38 dated 10.08.2019. On scrutiny of the

service book, it was noticed that the applicant was promoted from the

POOJA D Di Ng :it a Cl =y I Nsi ,g One =d C eb ny tP raO l AO dJ mA inS iO stN raI tive Tribunal Jammu Bench,

OU=Stenographer Grade C, PostalCode=1800