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| Those retiring as in-charge of higher posts get relief from HC | | 'Pay such employees salary, retiral benefits of higher post' | |
Early Times Report
JAMMU, Apr 9 : In a major relief to the employees who retire as in charge of higher posts, a high court division bench of Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey today said the salary payable to the higher post has to be given to them and retiral benefits "shall be fixed on the basis of pay available to the promotion post". The court directive came in a LPA, seeking promotion in the cadre of project executive officer with all consequential benefits.
According to appellant Mohammad Ishaaq Bhat, he was appointed as entomologist on the recommendation of J&K PSC on March 7, 1981 in the pay scale of Rs 540-950. The post was initially borne on Class VI, category-C, whereas the post of deputy director was in Class VII of the service constituted under J&K Sericulture Development Recruitment Rules, 1979.
The sericulture department initially comprised of a Research Wing and a Development Wing. In 1983, Research Wing was transferred along with posts to Agricultural University and became integral part of Shri Kashmir University of Agricultural Sciences and Technology. Consequent to transfer along with posts, the research wing ceased to be part of sericulture development department. As it was merged with agricultural university along with posts, the posts of antomologists and pathologists were altered. The petitioner was placed as in charge development officer in 2002 vide June 20, 2002 order No 198-Agri. He was not given regular promotion even though there were vacancies available.
The petitioner's counsel submitted that his right to consider him for promotion at appropriate time as per the right guaranteed under the Constitution was denied. He said the agriculture department through its July 29, 2008 letter forwarded his name along with other persons for regular promotion as development officer, but PSC delayed the matter and the appellant retired from service in 2009 due to which his regular promotion as development officer was not considered.
The bench, after hearing the two sides, observed that the appellant discharged his duties against the higher post for over seven years and also retired from service while performing his duties as in charge development officer. "If an officer or a person is put as in charge of a higher post for a number of years and is allowed to continue on the said post till retirement, the salary payable to the higher post has to be paid and retiral benefits shall be fixed on the basis of the pay available to the promotion post," the court directed.
"Having regard to the undisputed fact that he served as in charge development officer from June 20, 2002 to November 30, 2009, he is entitled to get salary for the post after adjusting the salary already received by him and his retiral benefits be re-fixed in terms of salary which he receives for the higher post on the date of retirement," the bench directed. Necessary order to that effect shall be issued within a period of six weeks and the benefits arising out of the same shall be calculated and paid to the appellant within a period of four weeks thereafter, the court ordered. (-JNF) |
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