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High Court of Jammu and Kashmir · body

2024 DAILYLAW 596 (JK)

ALL INDIA LUMBERDARS ASSOCIATION v. UNION TERRITORY OF J AND K AND ORS. (REVENUE DEPARTMENT)

WP(C)/144/2024 · 2026-05-08

Rajnesh Oswal

Writ Petition (Civil)body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Th. Virtual Mode) WP(C) No. 144/2024 CM No. 250/2024, 251/2024 All India Lumberdars Association …..Appellant(s)/Petitioner(s) Through: Ms. Maria Jan, Advocate vice Mr. Gulzar Ahmed Bhat, Advocate. vs UT of J&K and others .…. Respondent(s) Through: Ms. Maha Majid, Assisting counsel vice Mr. Mohsin Qadri, Sr. AAG. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 08.05.2026 1. Hon’ble Division Bench of this Court, while deciding the intra-court appeal bearing LPA No. 200/2025, in terms of order dated 03.12.2025, remitted the matter to this Court for considering the prayer clause No. 3 and 4 only. 2. For the sake of convenience, clause Nos. 3 and 4 of the prayer part of the writ petition preferred by the petitioner are extracted as under: “iii. Writ of Mandamus, directing respondents to consider the enhancement of remuneration/honorarium as was done in order uphold the dignity/status of Lumberdars. And to bring Lumberdars of UT of J&K at par with the Lumberdars of the country. iv. Writ of Mandamus, directing respondents to release the pending honorarium from February 2023 to till date in favour of the existing Lumberdars who are serving as Lumberdars.” 3. Respondent Nos. 3 and 4 have responded to the writ petition by asserting that the prayer made by the petitioner for enhancement of Serial No. 2 2 WP(C) No. 144/2024 remuneration/honorarium being paid to the Lumberdars pertains to the policy of the respondent No. 1 and the petitioner cannot claim the same as a matter of right. So far as relief No. 4 is concerned, it is stated that the issue regarding release of honorarium from February 2023 in favour of Lumberdars who have worked or are working with the respondents, is being examined by the respondents. 4. Heard learned counsel for the parties. 5. The issue of enhancement of honorarium to be paid to the Lumberdars falls within the realm of policy of the respondent No. 1 and this Court, while exercising jurisdiction under Article 226 of the Constitution of India, cannot direct the respondents to enhance the honorarium, as it is sole prerogative of the respondents to do so. 6. Accordingly, the relief sought by the petitioner for directing the respondents to consider the enhancement of honorarium is rejected. However, it would not preclude the respondents from enhancing the same, if at any stage they intend to do so. 7. So far as relief No. 4 of the petitioner regarding release of honorarium from February 2023 in favour of Lumberdars who have worked or are working with the respondents is concerned, it is the stand of the respondents that this issue is under active consideration of the respondents. 8. In the considered opinion of this Court, the respondents are under obligation to to release the honorarium in favour of the Lumberdars, who have worked or are working with the respondents and the 3 WP(C) No. 144/2024 respondents cannot retain the said amount without any legal justification. 9. Accordingly, instant petition is disposed of by directing the respondents to ensure that the honorarium payable to the Lumberdars for the period they have worked or are working with the respondents, is released in their favour within a period of three months from the date of receipt of certified copy of this order. 10. Disposed of along with the connected applications. (RAJNESH OSWAL) JUDGE Jammu 08.05.2026 Sahil Padha Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No. Sahil Padha 2026.05.08 15:50 I attest to the accuracy and integrity of this document