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High Court of Jammu and Kashmir · body

2022 DAILYLAW 1025 (JK)

ASHOK KUMAR v. UT OF J AND K TH COMMISSIONER SECRETARY HOUSING AND URBAN DEPTT AND OTHERS

WP(C)/1424/2022 · 2026-07-17

Rajnesh Oswal

Writ Petition (Civil)body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 36 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1424/2022 Ashok Kumar …. Appellant(s)/Petitioner(s) Through:- Mr. Ajay Bakshi, Advocate. V/s UT of J&K & Ors. …..Respondent(s) Through:- Ms. Monika Kohli, Sr. Advocate with Ms. Sagira Jaffer, Advocate. Mr. Mayank Gupta, Advocate. (through virtual Mode). CORAM : HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 17.07.2026 1. The prayer made in the present petition is for commanding respondent No. 5 to settle the pension case of the petitioner as last pay drawn by the petitioner and restraining respondent No. 5 to refix the pension after deducting the benefit granted under SRO 59 and further respondent No. 5 be directed not to affect the recovery of the benefits given under SRO 59 from the gratuity and pension of the petitioner. Further, the petitioner has also sought the issuance of direction to respondent No. 5 to release the gratuity of Rs. 12,00,000/- and other pensionary benefits as per the last pay drawn by the petitioner. 2. Mr. Ajay Bakshi, learned counsel appearing for the petitioner submits that the petitioner would restrict his claim only with regard to payment of gratuity as Division Bench has already settled the other issues WP(C) No. 1424/2022 2 raised by the petitioner in the present petition in case titled “UT of J &K and Ors. V. Maqbool Sheikh”. 3. Mr. Mayank Gupta, learned counsel submits that as the petitioner has restricted his claim only for the payment of gratuity, the payment of the same shall be considered by the respondents in accordance with law. 4. In view of the above, the present petition is disposed of by directing the respondents to consider the claim of the petitioner for release of gratuity in accordance with law. 5. Necessary orders shall be passed within a period of one month from the date of receipt of this order. (Rajnesh Oswal) Judge JAMMU 17.07.2026 NEHA-1 Neha Kumari 2026.07.20 11:06 I attest to the accuracy and integrity of this document