Srinagar, May 4: The Central Administrative Tribunal in Srinagar has directed the government to grant benefit of past service to a retired official who was initially appointed in the forest department in 1960 and subsequently had joined the revenue department following his appointment as Naib Tehsildar in 1973.
In his plea, seventy year old retired employee, Khazir Muhammad Dar submitted that while serving in the Forest Department, he applied for the post of Naib Tehsildar in the Revenue Department as an in- service candidate through proper channel.
Upon completion of the selection process he was appointed as Naib Tehsildar on October8, 1973. He had subsequently petitioned the High Court seeking its intervention for counting the service he had rendered in the Forest Department.
A division bench of D S Mahra Member( Judicial) and Prasant Kumar Member (Admn) after hearing observed that the authorities had not fully complied with the spirit and intent of the directions issued by the High Court.
The Court noted from order dated 06.12.2013 and order dated 06-12-2018 in SWP Nos. 1202/2002 and 438/2013 passed by the High Court, it was evident that the direction was not confined merely to pensionary benefits, but rather to grant the benefit of past service with all consequential benefits, including seniority, promotion, and induction in administrative service.
The court held that the consideration order dated 27.07.2018 did not conform to the mandate of the High Court and accordingly set aside the same.
The bench directed the respondents Commissioner Secretary Revenue Department and Financial Commissioner (Rev) J&K- to release the benefits to the retired employee in its true spirit and grant the benefit of past service rendered by him in the Forest Department with all consequential benefits, including seniority, promotion, induction into administrative services by passing a reasoned and speaking order in accordance with law within a period of two months from the date of receipt of a certified copy of this order.
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