Srinagar, Feb 8: The High Court of J&K and Ladakh Tuesday asked the government to ensure without any further delay release of pensionary benefits to the incarcerated former MLA Er Abdul Rashid.
A bench of Justice Dhiraj Singh Thakur directed the authorities to release the pensionary benefits while hearing a plea filed by Er Rashid through his wife and son.
The court issued notice to the Ministry of Home Affairs (MHA), Government of India and J&K government seeking their response to the plea within six weeks.
Seeking response to the plea, the court said: “Meanwhile, respondents are directed to ensure that the pensionary benefits, which the petitioner claims to be entitled to, be released without any further delay. All the procedural formalities be also completed, if not already completed, in the meantime.”
A resident of Mawar Payeen if Langate constituency of Kupwara district, Er Rashid has served as member of J&K Legislative Assembly from January 1, 2009 to December 31, 2014 and January 1, 2014 to November 21, 2018.
The petition underscores, “During the course of his tenure as MLA of the erstwhile state of J&K, the character, antecedents and the record of Er Rashid has remained satisfactory.”
It points out: “As a corollary of his being Member of Legislative Assembly, under Rule 5 of the J&K State Legislature Members Pension Rules read along with J&K State Legislature Members Pension Act, 1984, Er Rashid was accorded sanction for grant of his pension in 2019.”
In the plea, the mother-son duo submit that they have moved representations before MHA and the J&K government seeking release of pension of the former MLA but their pleas were not considered.
Being aggrieved of this, the petitioners say that they had no other option than to approach the court and seek appropriate directions.
On behalf of the petitioner, counsel Mir Musavir argued before the court that withholding the pension had resulted in grave hardships to the family having no other financial source.