Mohammad Ramzan Sheikh vs Union Territory Of J And K And on 4 March, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    Mohammad Ramzan Sheikh vs Union Territory Of J And K And on 4 March, 2026

    Author: Javed Iqbal Wani

    Bench: Javed Iqbal Wani

                                                            Serial No. 54
                                                          Regular Cause List
    
        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT SRINAGAR
                                 WP(C) 2090/2024
    
    MOHAMMAD RAMZAN SHEIKH                                    ... Petitioner(s)
    
    Through:    Mr. Farooq Ahmad Paul, Advocate
    
                                       Vs.
    
    UNION TERRITORY OF J AND K AND                           ...Respondent(s)
    ORS.
    
    Through: Mr. Ilayas Laway, GA
    
    CORAM:
                HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
    
                                    ORDER
    

    04.03.2026

    1. Petitioner in the instant petition filed under Article 226 of the

    SPONSORED

    Constitution of India states to have been appointed as a Seasonal

    Sweeper vide order dated 16.05.1988 on monthly wages of

    Rs. 450/- , whereafter his service came to be regularized in the pay

    scale of Rs. 255-3200 w.e.f 1st October 2001, and, that after

    rendering his service successfully, he, the petitioner retired on

    superannuation, however, his retiral benefits were not released by

    the respondents owing to the alleged involvement of the petitioner

    in FIR No. 19/2011 registered with Police Station Crime Branch,

    Kashmir when infact the petitioner was neither involved in the said

    FIR nor any sort of inquiry had been either initiated or conducted by

    the respondents against the petitioner, warranting with holding of

    his retiral benefits.

    2. Objections have not been filed by the respondents to the petition

    despite availing multiple opportunities.

    Heard counsel for the parties and perused the record.

    3. While making his submissions the counsel for the petitioner

    produced a copy of FIR No.19/2011 supra and would submit, that

    even though the FIR came to be registered in the year 2011, it has

    no bearing upon the case of the petitioner yet till date the petitioner

    has neither been during the course of his employment with the

    respondents implicated/arraigned, as an accused therein nor else

    even after his retirement so much so no inquiry is or was initiated in

    the matter against the petitioner, and therefore, under these

    circumstances, the respondents cannot, by any stretch of

    imagination, withhold the retiral benefits of the petitioner, or else,

    refuse to reconstruct his service book and make necessary entries

    therein. Counsel for the petitioner in support of his submission,

    would heavily rely upon the decision of the Division Bench of this 3

    Court passed in cases titled as “Ghulam Mohi ud din Lone Vs.

    State of J&K and Ors., decided on 11.12.2020″, in violating similar

    issues which are involved in the instant petition.

    4. Perusal of the record available on file manifestly suggests that as on

    date the petitioner herein has not been found involved in FIR

    No.19/2011 or else implicated/arraigned, as an accused therein. It

    has also not been denied by the respondents that any disciplinary

    proceedings in regard to either the engagement or regularization of

    the petitioner stands initiated against his either during his service or

    is pending after his retirement. Though Article 168-A and 168-D of

    the J&K Civil Service Regulations applicable to the Government

    employees makes it explicit that the Government is entitled to order

    the recovery from the pension of an employee any amount on
    account of loss found in judicial or departmental proceedings to

    have been caused to Government by the negligence or fraud of an

    such employee during his service, the said Articles however, further

    provides that if such departmental or judicial proceedings are not

    initiated against the employee while he is in service or on duty, the

    same shall not be instituted without sanction of the Government and

    shall be instituted within a year from the date he was last on duty,

    and that the proceedings must not pertain to an event which took

    place not more than one year before the date of which the

    employeewas last on duty.

    5. In presence of the aforesaid provisions of the Civil Service

    Regulations and the aforesaid facts that no judicial or departmental

    proceedings have had been either instituted or initiated against the

    petitioner herein while being in service or within one year from the

    date the petitioner was last on duty, it can safely be said that

    withholding of the retiral benefits of the petitioner is not tenable in

    law, in that, law is settled that the retiral benefits of an employee are

    not bounties to be given by an employer to the employee, as it is

    earned by the employee by dint of his long, continuous, and

    unblemished service. The Apex Court in case titled as

    Deokinandan Prasad Vs. State of Bihar” reported in AIR 1971

    SC 1409″ has authoritatively ruled that pension is a right and

    payment of it does not depend on the discretion of the Government

    but is governed by the 4 rules and the Government servant coming

    within those rules is entitled to claim pension as of right while

    holding further that grant of pension does not depend on anyone’s

    discretion.

    Further, the Apex Court in case titled as “U. P. State Sugar

    Corporation Ltd. And Ors. Vs. Kamal Swaroop Tandon“, reported

    in 2008(2) SCC 41, has also held that retiral benefits are earned by

    an employee for long and meritorious service, and gratuity is paid to

    such an employee for his dedicated and devoted work and that even

    though the departmental inquiry can be initiated against the

    Government servant after his superannuation, pension can be

    reduced and gratuity can be withheld, and that such proceedings

    cannot only be initiated before the employee retires but also

    continues after his retirement and can be initiated after his

    retirement as well provided any pecuniary loss recoverable caused

    to the Government is recoverable from the said Government

    employee, which loss had been caused due to his negligence or

    service misconduct.

    6. Risking repetition and as noticed above, neither any judicial nor any

    departmental proceedings have had been initiated/instituted against

    the petitioner by the respondents while being in service or even after

    his retirement, the respondents cannot thus withhold the retiral

    benefits of the petitioner, on any grounds .

    7. Viewed thus for the aforesaid reasons, the instant petition deserves

    to be allowed.

    8. Accordingly, by issuance of the writ of Mandamus, respondents are

    commanded to reconstruct the service book of the petitioner and

    make all necessary entries therein in accordance with the applicable

    rules, and consequently release all retiral benefits, including the

    arrears thereof in favour of the petitioner to which the petitioner is

    entitled thereto, within a period of two months from the date a copy
    of this order is produced by the petitioner before the respondents.

    Should the respondents fail to carry out the aforesaid directions

    within a period prescribed above the respondents shall in that event

    be liable to pay an interest to the petitioner over the retiral benefits

    and arrears at the rate of 7% from the date same became due to the

    petitioner till the date of actual payment thereof.

    9. Disposed of along with all connected application/s

    (JAVED IQBAL WANI)
    JUDGE
    SRINAGAR:

    04.03.2026
    “S.Nuzhat”

    Whether the judgment is speaking ? Yes

    Whether approved for reporting ? Yes



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