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| High Court upholds right to due process in promotion benefits case | | | Early Times Report
JAMMU, May 14: In a significant ruling, Justice Wasim Sadiq Nargal of the Jammu & Kashmir and Ladakh High Court has emphasized that the benefit of promotion and its consequential monetary benefits cannot be arbitrarily revoked without affording the affected individual a fair opportunity to be heard. The judgment underscores the importance of due process in administrative decisions, particularly in matters affecting an individual's livelihood and retirement benefits.
The case in question pertained to the arbitrary withholding of promotion benefits from Mohammad Ramzan Tantray, a pump operator, without conducting any inquiry or providing him with a chance to present his case. Justice Nargal observed that in the absence of any allegations of misrepresentation or misconduct on Tantray's part, it would be unjust to deny him the rightful benefits after his retirement.
The court further directed the concerned authorities to treat Tantray's retirement date as of March 31, 2014, and release all pensionary benefits due to him without delay. Additionally, the court ordered the release of withheld gratuity amounting to Rs. 3,26,982/- in favor of Tantray and mandated the payment of interest at 9% per annum if the directives are not complied with within eight weeks.
The ruling serves as a reminder of the judiciary's commitment to upholding the principles of fairness and justice, particularly in matters concerning the rights and entitlements of individuals. By quashing the impugned letter and directing the release of Tantray's pensionary benefits, the court has reaffirmed the importance of due process and the right to a dignified retirement for all individuals.
Tantray's case highlights the significance of judicial intervention in safeguarding the rights of employees and ensuring accountability on the part of administrative authorities. The judgment stands as a testament to the judiciary's role in upholding the rule of law and protecting the interests of citizens against arbitrary actions by the state.
Overall, Justice Nargal's ruling serves as a beacon of hope for individuals seeking justice in matters related to their employment rights and retirement benefits, reaffirming the judiciary's commitment to fairness, equity, and the rule of law. |
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