| Citation(s) |
|---|
| 2025 SLG 4855 2025 SLD 4855 = 2025 PLC 886 |
Supreme Court (AJ&K)
Civil PLA No.761 of 2024, decided on 28th January, 2025. (For leave to appeal against the judgment of the High Court dated 1-10-2024 in Writ Petitions Nos.3254 of 2023 and 1096 of 2024).
Present: Kh. Muhammad Nasim, J
Akhlaq Hussain Mughal, Advocate for Petitioners. Nasir Masood Mughal, Advocate for Private
Respondents. Muhammad Yaqoob Khan Mughal, Advocate for DAM.
Civil PLA No.761 of 2024, decided on 28th January, 2025. (For leave to appeal against the judgment of the High Court dated 1-10-2024 in Writ Petitions Nos.3254 of 2023 and 1096 of 2024).
Present: Kh. Muhammad Nasim, J
Akhlaq Hussain Mughal, Advocate for Petitioners. Nasir Masood Mughal, Advocate for Private
Respondents. Muhammad Yaqoob Khan Mughal, Advocate for DAM.
AZAD GOVERNMENT and others
VERSUS
Kh. SHOUKAT ABDULLLAH and others
Law: Development Authority Muzaffarabad Act, 1989
Section: II,12,16,21
Law: Azad Government of the State of Jammu and Kashmir Rules of Business (Revised), 1985
Section:
(a) Civil service-------Pensionary benefits---Timely disbursement---Authorities, responsibilities of--Payment of pension is not only a legal obligation but also a fundamental right of retired employees, ensuring their financial security and dignity in their post-service years---Delay or denial of pensionary benefits creates significant hardship, especially for those who have spent the prime years of their lives serving in public offices---Timely disbursement of pension is critical in upholding the trust that employees place in the government or relevant authorities, assuring them that their contributions will be acknowledged and rewarded even after their retirement--Pension is a vital component of the social contract between the state and its citizens, fostering a sense of security for employees who have served the public and contributed to the welfare of society---Therefore, the prompt and regular payment of pension is not merely a financial transaction but a moral and social responsibility that must be fulfilled without delay or excuse.(b) Development Authority Muzaffarabad Act (II of 1989)-------Ss. 16, proviso & 21---Azad Government of the State of Jammu and Kashmir Rules of Business (Revised), 1985---Pensionary benefits of retired employees of Development Authority Muzaffarabad (DAM), payment of---Whether responsibility of DAM itself or Government Departments?---Petitioners (Physical Planning and Housing /PPH and the Finance Department) assailed acceptance of writ petitions, filed by retired employees of DAM directing the petitioners to manage the funds for the pension payments forthwith---Ground taken by the petitioners was that under S. 12 of the Development Authority Muzaffarabad Act, 1989 ('the Act, 1989'), the responsibility for paying pensions laid with the Development Authority itself, which must bear the costs from its own budget--Validity---DAM, which was the creation of the Act, 1989, was an autonomous body/special institution of PPH under the Azad Government of the State of Jammu and Kashmir Rules of Business (Revised), 1985---Section 16 of the Act, 1989 empowers the DAM to employ such officers,…