The Rules provide that a person would be entitled to pensionary benefits in case he has a qualifying service of 20 years or more.: Jammu Kashmir and Ladakh High Court
The Jammu Kashmir and Ladakh High Court passed a judgement on the 28th of October, 2022 in which the court upheld the previous judgement and rejected the plea of the petitioner. This was seen in the case of Ram Kumar Sharma vs Union Of India & Ors (LPA No. 45/2021 (O&M)). The case was presided over by The Honourable Mr Justice Chatterji Koul and The Honourable Mr Chief Justice.
FACTS OF THE CASE:
The appellant/petitioner was aggrieved by the judgment and order passed by the learned Single Judge. The judgement was challenged on the grounds that the judgement impugned is against the law and facts of the case and therefore it should be set aside. The other ground was that the writ petition filed by the appellant remained pending in the Court for 14 years and the respondents had not taken any steps to allow the appellant to resume his duties and in action on part of the respondents the appellant cannot be made to suffer.
The appellant was appointed as a constable in BSF and took voluntary retirement. As he got retired before the permissible limit hence the pensionary benefits were not provided to him.
In the present case, the petitioner, at the time of voluntary retirement, has not served the minimum 20 years hence the qualifying service as provided under the Rules which entitle him to get the pensionary benefits did not provide the same.
JUDGEMENT:
The court held that the learned single judge while dealing with the issue and after applying the relevant law, has rightly and correctly come to the conclusion that the petitioner was not entitled to any relief and rejected the plea of the petitioner. The high court ruled that they do not find any illegality in the judgement passed by the learned single bench and hence the appeal was dismissed and the previous judgement was upheld.
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JUDGEMENT REVIEWED BY KRITI GUPTA