Srinagar, May 22: The High Court today directed the State Forest Corporation (SFC) to release COLA and 6th Pay Commission arrears to its retired employees and their legal heirs within four weeks.
Dozens of retired employees of Corporation with 8 separate petitions had approached the court seeking release of entire withheld dues on account of COLA, Leave Salary and 6th Pay Commission arrears by the J&K State Forest Corporation in their favour. These employees have retired from their services from 2007 to 2010.
They alleged that they have not been paid the arrears accrued to them on account of enhanced leave encashment, gratuity and applicable COLA slabs. Service of the J&K SFC is non-pensionable; that the respondents started making part payment of 6th Pay revision arrears in 60 installments only vide Order 392 of 2015 dated: 12-11-2015, claiming to have been issued pursuant to the Court directions.
Justice M A Chowdhary while considering the issue involved in all these petitions said the aggrieved employees of the Corporation, are raising a just and reasonable issue for consideration, and the respondents, 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.
“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 respondents 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”, court said.
As 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 in this view allowed all these petitions with the direction to the Corporation to release entire withheld dues on account of COLA, leave salary and 6th Pay arrears along-with interest in favour of the petitioners or their predecessors-interest.
Court said proposal seeking financial assistance; be forwarded to the Government while calculating the same, the documents which might be furnished by the petitioners, shall also be kept into consideration. The exact amount shall be communicated to the Finance Department with a copy to the Administrative Forest Department.
“Further, it is made clear that, whatever amount is calculated as arrears by the 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”, read the judgment.
Nadeem Nadu (ندیم مختار) 