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2025 DAILYLAW 10151 (JK)

UOI.TH.DIRECTOR GENERAL AND ORS. v. SUNIL KUMAR SHARMA

LPASW/92/2016 · 2025-11-27

Rajnesh Oswal

body2025

Judgment text

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LPASW No. 92/2016 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case : LPASW No. 92/2016 IA No. 1/2016 Union of India and others ….. Appellant/Petitioner(s) Through: Mr. Vishal Sharma, DSGI with Mr. Mohd. Rayaz, CGSC Vs Sunil Kumar Sharma .…. Respondent(s) Through: Mr. Navneet Dubey, Advocate with Ms. Ramneet Kour, Advocate Coram: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 27.11.2025 Learned counsel for the respondent, at the outset, has shared with us a copy of communication dated January 23, 2015, which indicates that the respondent has already been granted the disability pension as per Pension Payment Order (PPO):- “GRANT OF DISABILITY ELEMENT IN RESPECT OF NO. 14937636L EX RECT SUNIL KUMAR SHARMA A/C NUMBER – 0986001200000037 1. Original Copy of PPO No. D/0157/2015 dt. 13 Jan 2016 received from PCDA (P) Allahabad alongwith IAFZ-2010 (Acknowledgement of First Payment of Pension) and IAFA-369 (Rev) Descriptive Roll in respect of the above named pensioner are forwarded herewith for authentication and further forwarding to Pension Disbursing Authority (PDA) i.e., Punjab National Bank, Akhnoor, Jammu (J&K) for making payment of disability pension as per PPO. 2. Please acknowledge receipt. Sd/- Maj Senior Record Officer For OIC Records” Faced with this, learned Senior counsel for the appellants, as always, fairly submits that nearly 11 years have gone by since issuance of communication dated January 23, 2015 (ibid) and in fact the respondent Sr.No. 08 LPASW No. 92/2016 continues to receive the pension to date. Thus, in the given circumstances, he submits let the appeal be disposed of as having been rendered infructuous. But since owing to the peculiar facts and circumstances obtaining in the present case the appeal is not being adjudicated on merits, it be ordered that the order passed by the learned Single Judge shall not be cited as a precedent. In the wake of the position sketched out above and in terms of the statement made by learned counsel for the parties, the appeal is disposed of as having been rendered infructuous. However, it is clarified that the order and judgment dated April 29, 2015 in SWP No. 669/2007 shall not be cited as a precedent and all questions/issues arising in the present appeal are kept open. ( (Rajnesh Oswal) (Arun Palli) Judge Chief Justice Jammu : 27.11.2025 Pawan Chopra/Secy Pawan Chopra 2025.11.29 14:58 I attest to the accuracy and integrity of this document