Jammu and Kashmir High Court Denies Pension Claims by J&K Sainik School Mansbal Retirees

Court rules absence of explicit pension provision nullifies claims, emphasizes Board of Governors' discretion in future decisions

In a significant ruling, the Jammu and Kashmir High Court has dismissed the petitions filed by the retired and current employees of J&K Sainik School Mansbal seeking post-retirement pension benefits. The court, presided by Justice Sanjay Dhar, ruled that in the absence of an explicit provision for pensions in the service rules governing the employees of the J&K Sainik School Mansbal, there exists no legal right to claim such benefits.

The petitions, WP(C) No. 616 of 2021 and WP(C) No. 391 of 2021, were filed by Abdul Majeed Parray and others, comprising a total of 59 employees. They contended that they should be granted pensionary benefits akin to those provided to employees of other Sainik schools across the country and government employees of the Union Territory of Jammu and Kashmir.

The court observed that the rules and regulations applicable to the employees of the J&K Sainik School Mansbal do not include a provision for post-retirement pensions. Justice Dhar noted that the right to pension is not a fundamental right and is contingent upon the terms and conditions of employment or statutory service regulations. The court further clarified that the similarity of duties or funding sources does not justify parity in service conditions.

Additionally, the court addressed the petitioners' argument regarding the approval of a pension scheme by the then Chief Minister in 2005, stating that such approval does not automatically confer a right to pension unless ratified by the Board of Governors, which is the competent authority to decide on such matters.

The judgment also emphasized that a Writ of Mandamus could not be issued in this case, as the petitioners failed to establish a legal right to pension benefits under the existing service rules.

Despite dismissing the petitions, the court highlighted that the Board of Governors retains the discretion to extend pension benefits to the employees if deemed appropriate in the future. The court's decision underscores the principle that pension rights must be explicitly articulated in employment agreements or statutory provisions to be enforceable.

Bottom Line:

Employees of a government-aided institution, such as J&K Sainik School Mansbal, cannot claim post-retirement pension unless explicitly provided in the terms and conditions of their employment or service rules.

Statutory provision(s): Article 12 of the Constitution, J&K Societies Act, Service Law provisions on post-retirement pension, Writ of Mandamus principles.

Abdul Majeed Parray Habibullah Bhat v. UT of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2821168