Pension from prior government service inadmissible upon absorption in autonomous body; salary for approved tenure protected with pension adjustment.

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: - OA/1197/2024

I. Quash impugned order/communication dated 27.09.2024 issued by respondent no. 2 whereby and whereunder while intimating the applicant that the pensioner benefit of 1st pension bearing PPO NO.110905296 of Higher Education Post Graduate College, Rajouri obtained by the applicant is not admissible as reported by Principal Accountant General (Audit) J&K and the applicant has been asked to deposit the pension benefits of 1st Pension amounting to Rs. 5136996/- to the relevant Government head of Account (2071) and respondent no.3 has been asked to initiate recovery.

II. direct the respondents to release/pay to the applicant the arrears of his pension w.e.f. September 2024 till date and continuing paying the same in future without any hindrance, obstruction or interruption.

III. Any other relief, which this Hon'ble Court in the facts and circumstances of the case deems fit and proper, may also kindly be passed in favour of the applicant and against the respondents.

2. OA/1201/2024

I. Quash Notice No. BGSBU/CРAO/24/178 dated 08.07.2024 issued by respondent no. 3 whereby and whereunder on the basis of some audit observations of Director General, Audit & Inspection, Finance Department J&K and Principal Accountant General (Audit) J&K, recovery to the tune of Rs. 90,87,774.00 is sought to be effected from the applicant by withholding his pension.

II. Quash Order in the shape of communication no. BGSBU/CPAO/23/488 dated 06.12.2023 written by respondent no. 3 to respondent no.4 whereby respondent no.4 has been directed to keep on hold the pension of the applicant w.e.f. December, 2023 onwards till further orders.

III. direct the respondents to release/pay to the applicant the cash-in- lieu of leave which has been illegally and arbitrarily withheld since January 2022.

IV. Direct the respondents to pay to the applicant the arrears of his pension w.e.f. December, 2023 till date and continuing paying the same in future without any hindrance, obstruction or interruption. V. Any other relief, which this Hon'ble Court in the facts and circumstances of the case deems fit and proper, may also kindly be passed in favour of the applicant and against the respondents.

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

a) The present two Original Applications arise out of a connected controversy concerning the pensionary and retiral benefits of the same applicant, Mohammad Rashid Chowdhary. The applicant was initially appointed as a Teacher in the Higher Education Department and, in due course, came to be promoted as Lecturer. According to him, after rendering about 24 years of service in Government Degree College, Rajouri, he sought voluntary retirement with effect from 17.08.2005. His case further is that, upon retirement, his pension papers were processed by the Principal, Government Degree College, Rajouri and forwarded to the office of Accountant General (A&E), J&K for sanction of pensionary benefits. The Accountant General thereafter issued PPO No. 110905296 in his favour, and he continued to receive pension from the Higher Education Department regularly and without interruption for a long period, namely till August, 2024.

b) In the meantime, in the year 2005, the applicant also entered the service of Baba Ghulam Shah Badshah University, Rajouri. He was appointed as Deputy R