In a significant judgment, the Jammu and Kashmir and Ladakh High Court has underscored the inviolability of an employee's emoluments during the final 24 months preceding retirement when calculating retiral benefits. The Division Bench, comprising Justices Sanjeev Kumar and Puneet Gupta, emphasized that any discrepancies or disputes regarding the correctness of these emoluments are impermissible under Article 242 of the Jammu and Kashmir Civil Service Regulations (CSR) Vol-I.
Case Background
The petitioner, Tarlok Chand, commenced his service as a Peon in 1987 and ascended through various positions, ultimately retiring as a Head Assistant in May 2020. In 1992, Process Servers, including Chand, sought parity in pay scales with their counterparts in the Excise Department. Their plea was successful, leading to the issuance of SRO 75 of 1992, which revised their pay scales accordingly.
However, in 2005, the Judicial Staff Welfare Association raised concerns about salary anomalies. Responding to these grievances, the High Court directed Principal District and Sessions Judges to retrospectively re-fix the salaries of Process Servers to align with the revised scales effective from April 1990. Despite this directive, the Principal District & Sessions Judge, Kathua, did not implement the necessary adjustments. As a result, Chand continued to receive enhanced pay and subsequent promotions based on the pre-revised scale.
This oversight remained unaddressed until 2020, when the Accountant General identified the irregularity during the processing of Chand's retiral benefits. Consequently, portions of his pension and gratuity were withheld, prompting Chand to seek legal recourse.
Court's Analysis and Observations
The High Court meticulously examined the factual matrix and the applicable legal provisions. It was evident that the employer's negligence in failing to implement the 2005 directive was the crux of the issue. The Court noted that the Principal District & Sessions Judge, Kathua, had disregarded explicit instructions to re-fix the salaries, resulting in Chand receiving undue benefits.
Central to the Court's decision was Article 242 of the Jammu and Kashmir Civil Service Regulations (CSR) Vol-I, which stipulates that the emoluments drawn by an employee during the final 24 months of service are beyond dispute when calculating retiral benefits. The provision serves to protect employees from retrospective adjustments that could adversely affect their post-retirement entitlements.
The Court asserted that any attempt to question the correctness of emoluments during this protected period is impermissible. It emphasized that the employer's failure to act in a timely manner cannot be used to the detriment of the employee, especially when the employee has not engaged in any misrepresentation or fraud.
Implications of the Judgment
This judgment reinforces the principle that employees are entitled to rely on the accuracy and finality of their emoluments during the concluding phase of their service. It places the onus on employers to ensure that any necessary adjustments or corrections to an employee's pay are made well before the commencement of the 24-month protected period.
The ruling also highlights the judiciary's commitment to safeguarding employees' rights against administrative lapses. By invoking Article 242, the Court has provided a clear precedent that protects retiring employees from last-minute disputes over their emoluments, thereby ensuring financial stability and predictability in their post-retirement life.
Conclusion
The Jammu and Kashmir and Ladakh High Court's decision in this case serves as a critical reminder of the sanctity of the final emoluments drawn by an employee before retirement. It underscores the imperative for employers to exercise due diligence in managing and rectifying pay-related issues well in advance of an employee's retirement. The judgment not only upholds the legal protections afforded to employees under the Jammu and Kashmir Civil Service Regulations but also reinforces the broader principle of fairness and equity in employment practices.
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