Srinagar- The High Court of J&K and Ladakh on Tuesday directed J&K State Forest Corporation to release entire withheld dues on account of Cost-of-living adjustments (COLA), leave salary and 6th Pay arrears along-with interest in favour of a number of petitioners or their predecessors-in-interest.
Disposing of a bunch of petitions filed by former employees of the Corporation, who retired around 14-15 years ago, or their predecessors-in-interest, a bench of Justice M. A. Chowdhary observed that the petitioners are raising a just and reasonable issue for consideration, and that the authorities, in principle, “also appear to be in such agreement.”
“However, the only difficulty, as would appear from the rival contentions, is that the Government is unable to meet the financial implications involved in extending the benefit of pension and other allied service benefits to the petitioners,” the court said, “In such a situation the Court, while taking note of the fact that the right to salary is a fundamental right, getting due to every employee for the service rendered against it, feels that denying such benefit to the petitioners, obviously, is bound to cause great inconvenience and prejudice to their rights.”
One thing is clear that the authorities do not at all dispute the entitlement of the petitioners to receive either the arrears of COLA, leave salary or gratuity. But the only dispute is with regard to the inability of the Corporation to pay the same, the court noted.
“It is said that the Corporation is financially dependent wholly on the support of the Government extended to it from time to time and, therefore, the Government ought to be directed to provide the amount, which is payable to the petitioners,” the court said and subsequently directed the Corporation to calculate the amount within a period of four weeks positively, and forward a proposal, seeking financial assistance, to the Government.
“…it is made clear that, whatever, amount is calculated as arrears by the respondent-Corporation shall be provided by the Government under a separate “Head”. The said amount shall be made available in addition to the wages bill, which generally is provided by the Government to the Corporation,” the court said.
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