Libertatem Magazine

Jammu & Kashmir High Court Dismisses Plea Seeking To Issue Directions for Release of Cost of Living Allowances and Other Benefits

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Petitions were filed before the Jammu and Kashmir HC that sought directions to the Respondents to release the cost of Living Allowances and other allowances of the Petitioners. The High Court considered the issue in the matter of Subhash Chandra & Anr. v. Commissioner, State Road Transport Corporation, Jammu & Ors.

Brief Facts of the Case

Several petitioners who were between the age of 65 to 71 years had filed this petition. The petitions were filed long after their retirement. They sought that directions be passed to the Respondents to release the Cost of Living Allowances (COLA)/Leave Salary and other benefits.

Arguments Before the Court

Counsel for the Petitioners submitted that the Petitioners herein were in the same situation as were the petitioners in the case of All J&K Workers Union SRTC V. State and others. Once, the members of the union had been given assistance, therefore, the Petitioners are also entitled to the same. The Counsel argued that the Petitioners must not be discriminated against.

Observation of the Court

As per the Court’s observation, the petitions were required to be dismissed on account of delay and laches. All the Petitioners had already retired from service more than seven years before the filing of the present petition. The service carrier could not claim benefits more than seven years after the retirement even if in some cases pending before the Court such relief was given to the employees, who may have been in service. 

Decision of the Court

After considering the contentions and facts, the High Court Of Jammu And Kashmir at Jammu stated that the present petition was dismissed on account of delay and laches.

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