KD NEWS SERVICE
SRINAGAR, Nov 21: The J&K Accounts Pensioners Welfare Forum, under the aegis of the J&K Accounts Icons Group, has achieved a significant legal milestone for pensioners in the Union Territory (UT) of Jammu and Kashmir. The Honourable High Court of Jammu, Kashmir, and Ladakh, in an interim order dated October 30, 2024, has provided relief to pensioners regarding the recovery of the commuted portion of their pension.
The forum had initiated two litigations in May 2024—Nissar Ahmad Khan vs. UT of J&K and Chandji vs. UT of J&K—seeking an amendment to the current rules under the Jammu and Kashmir Civil Pension (Commutation) Rules. These rules mandate a recovery period of 15 years for the commuted pension portion, which the petitioners argued should be capped at 10.8 years.
In the interim order, the High Court directed, “Considering this aspect of the matter till the reply/objections is filed from the respondents’ end, the petitioners’ pension shall not be subject to operation of impugned amended Rule-37 of the Jammu and Kashmir Civil Pension (Commutation) Rules.”
This ruling prevents the recovery of the commuted portion of pensions for the petitioners who have completed 11.5 years post-retirement.
Relief Efforts and Forum’s Plans
The forum, led by its Administrator, Mr. Mohammad Salim Zahid, expressed gratitude to its members, legal counsel Advocate Mir Manzoor Ahmad, and key contributors like Chandji Bhat for their tireless efforts. Mr. Zahid emphasized the collective struggle of pensioners and assured that the association will continue its efforts to expand the benefits of this ruling to all affected pensioners.
The forum also appealed to the UT Government and the Accountant General to issue directives for the immediate implementation of the High Court’s order. Meetings with relevant authorities are planned to expedite compliance and explore avenues for refunds of excess amounts deducted from pensioners beyond the 10-year mark.
Additional Demands
In addition to their legal battle, the forum reiterated its demands for:
- Release of 3% Dearness Allowance (DA) effective from July 1, 2024.
- Enhancement of the Fixed Medical Allowance from ₹300 to ₹1,000 per month, with retrospective effect from April 1, 2020, aligning benefits with those already granted to pensioners of the UT of Ladakh and Government of India.
The forum encouraged all pensioners to stay united and actively participate in its programs to achieve their collective goals.
The forum announced plans to hold meetings for its members to discuss the next course of action. It aims to address the inclusion of pensioners not covered by the current court order and ensure refunds for excess recoveries. A detailed program schedule will be shared with members soon.
For further updates, pensioners are advised to remain engaged with the forum’s activities and support its initiatives to secure their rights.
