WP(C) No. 1643/2024 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1643/2024 CM No. 4002/2024 Date of pronouncement : 06.03.2026 Uploaded on : 10.03.2026 Ram Paul & Ors. ….Petitioners Through:- Mr. Irfaan Khan, Advocate. Mr. Shabir Ahmed, Advocate. V/s UT of J&K & Ors. …..Respondents Through:- Ms. Chetna Manhas, Assisting Counsel vice Mrs. Monika Kohli, Sr. AAG for R-1. Mr. Vishal Bharti, Dy. AG for R-2 & 3. \ CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (ORAL) 01. Petitioners, through the medium of present petition, have sought a direction upon the respondents to pay arrears of 3rd Higher Standard Pay Scale in favour of petitioner Nos. 1 to 4 with effect from the date(s) the same was granted in their favour in terms of Jammu & Kashmir State Forest Corporation Employees (Higher Standard Pay Scale Scheme) Regulations, 2008 (hereinafter “the Regulations of 2008”). A further direction commanding the respondents to calculate and release the arrears of 1st Higher Standard Pay Scale in favour Serial No. 13 Regular List WP(C) No. 1643/2024 of petitioner Nos. 5 to 7 with effect from the date(s) the same was granted to them in terms of Regulations of 2008 has also been sought. The petitioners have also claimed interest on the aforesaid amount. 02. As per case of the petitioners, petitioner Nos. 1 to 6 and father of petitioner No. 7 are Ex-employees of J&K Forest Development Corporation. The petitioner Nos. 1 to 6 and father of petitioner No. 7 are stated to have retired as Block Managers on different dates from the year 2012 to 2018. The details have been given in para (2) of the writ petition. It has been submitted that in the 60th meeting of Board of Directors of respondent-Corporation held on 27.02.2008 approval was accorded to the implementation of Higher Standard Pay Scale Scheme with effect from 01.01.2008. However, another order bearing No. 176 of 2009 dated 06.07.2009 came to be issued by respondent No. 3, whereby the Regulations of 2008 were given effect from 01.01.2005. 03. It has been submitted that vide different orders including the orders issued on 22.10.2019, 14.01.2020 and 11.02.2020 (Annexure-IV to the writ petition) by respondent No. 3, sanction was accorded to the grant of Higher Standard of Pay Scale in favour of various employees of the respondent- Corporation including petitioner Nos. 1 to 6 and father of petitioner No. 7, from different dates. It has been submitted WP(C) No. 1643/2024 that pay of the petitioners was re-fixed in accordance with Higher Pay Scales granted in their favour and entries in this regard were made in the Service Books of the petitioners. However, the arrears of salary which have become due to the petitioners on account of issuance of the sanction orders have not been released in their favour despite making several representations before the respondents. 04. The respondent-Corporation has filed reply to the writ petition in which it has been submitted that the petitioners have retired as Block Managers between the years 2012 to 2017. It has been admitted that in the 60th meeting of Board of Director held on 27.02.2008, Higher Standard Pay Scale Scheme was implemented and an order in this regard came to be issued on 15.10.2008. It has been submitted that the Scheme was implemented in the year 2008 and the petitioners were in service up to 2012/2017 but during all these years, they never approached the concerned authorities for release of arrears of salary on account of grant of Higher Standard Pay Scales. 05. Heard and considered. 06. So far as implementation of the Regulations of 2008 is concerned, the same is not in dispute. The petitioners have placed on record copies of orders bearing JKFC Order No. 42 of 2020 dated 11.02.2020, S.F.C. order No. 11 of 2020 dated WP(C) No. 1643/2024 14.01.2020 and S.F.C Order No. 425 of 2019 dated 22.10.2019, by virtue of which, sanction has been accorded to grant of Higher Standard Pay Scale in favour of various employees of the respondent-Corporation in terms of the Regulations of 2008. The petitioners have also placed on record copies of Service Books which reflect entries relating to grant of Higher Pay Scales in favour of petitioner Nos. 1 to 6. The details thereof are given as under:- (i) Petitioner No. 1:- Granted 3rd Higher Standard of Pay Scale of Rs. 9300- 34800 with Grade Pay of Rs. 2800 w.e.f. 01.07.2010 vide SFC Order No. 425 of 2019 dated 22.10.2019. Arrears of Rs. 11,500/- paid vide Advice dated 25.02.2020. Date of retirement: 31.08.2017. (ii) Petitioner No. 2:- Granted 3rd Higher Standard of Pay Scale of Rs. 9300- 34800 with Grade Pay of Rs. 2800 w.e.f. 01.07.2010 vide JKFDCL Order No. 244 of 2021 dated 09.07.2021. There is no entry regarding release of arrears. Date of retirement: 31.10.2018. (iii) Petitioner No. 3:- Granted 3rd Higher Standard of Pay Scale of Rs. 9300- 34800 with Grade Pay of Rs. 2800 w.e.f. 01.07.2010 WP(C) No. 1643/2024 vide JKFC Order No. 11 of 2020 dated 14.01.2020. There is no entry regarding release of arrears. Date of retirement: 30.09.2016. (iv) Petitioner No. 4:- Granted 3rd Higher Standard of Pay Scale of Rs. 9300- 34800 with Grade Pay of Rs. 2800 w.e.f. 01.07.2010 vide SFC Order No. 42 of 2020 dated 11.02.2020. There is no entry regarding release of arrears. Date of retirement: 31.03.2018. (v) Petitioner No. 5:- Granted 1st Higher Standard of Pay Scale of Rs. 9300- 34800 with Grade Pay of Rs. 2800 w.e.f. 01.12.2006 vide SFC Order No. 242 of 2019 dated 02.07.2019. There is no entry regarding release of arrears. Date of retirement: 30.06.2013. (vi) Petitioner No. 6:- Granted 1st Higher Standard of Pay Scale of Rs. 9300- 34800 with Grade Pay of Rs. 2800 w.e.f. 01.12.2006 vide SFC Order No. 372 of 2019 dated 23.09.2019. There is no entry regarding release of arrears. Date of retirement (as given in the petition): 31.03.2012. (vii) Petitioner No. 7:- No document placed on record with respect to Hans Raj, the father of petitioner No. 7. WP(C) No. 1643/2024 07. The only objection that has been raised by the respondents in their reply to the writ petition is that the petitioners have slept over their claims inasmuch as they were in service up to 2012/2018 but they did not claim the arrears of salary on account of implementation of Regulations of 2008 which were in force, while they were in service. 08. The stand taken by the respondents is illogical because pursuant to the Regulations of 2008 it was only in the years 2019 to 2021 that sanction was accorded to grant of Higher Standard of Pay Scales in favour of the petitioner Nos. 1 to 6 and by that time, they had already superannuated from service. The petitioners could not have sought release of arrears of salary immediately upon implementation of the Regulations of 2008 unless their cases were considered by the respondents and sanction was accorded for grant of Higher Standard of Pay Scales in their favour. This was done by the respondents in the years 2019 to 2021, which gave cause of action to the petitioners to seek release of arrears of salary. In this view of the matter, the stand taken by the respondents cannot be countenanced in law. 09. For the foregoing discussion, the writ petition is disposed of with a direction to the respondents to release the arrears of salary that may have become due to the petitioners WP(C) No. 1643/2024 Nos. 1 to 6, on account of grant of Higher Standard of Pay Scales in terms of Regulations of 2008 and consequent sanction orders passed in their favour. Regarding petitioner No. 7, it is directed that in case Higher Standard of Pay Scale has been sanctioned in favour of his father Late Sh. Hans Raj, and the arrears of salary have not been released so far, the same shall be released in favour of legal heirs of Late Hans Raj. 10. The amount due shall be released in favour of the petitioners most expeditiously, preferably within a period of six months from today, failing which the same shall carry interest @ 6% per annum from the date of filing of the writ petition till its realization. 11. Disposed of along with connected application(s), if any. (SANJAY DHAR) JUDGE JAMMU 06.03.2026 Bunty Whether the order is speaking: Yes Whether the order is reportable: No Bunty Kumar 2026.02.13 04:19 I attest to the accuracy and integrity of this document