S. No. 54 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) No. 1367/2024 CM No. 3715/2024 Shabir Ahmad Malik & others …Petitioners Through: Mr. Sajad A. Mir, Advocate. V. UT of J&K and others ...Respondents Through: None CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 23.12.2025 1. The petitioners through the medium of instant writ petition are seeking quashment of the impugned order dated 08.08.2023 passed by respondent no.3 whereby the promotion and the salary of the petitioners have not been released as per the posts held by them, for the reason that the Respondent-Bank has granted a loan to a society and that the financial condition of the Bank is not such that the salary of the petitioners can be granted as per their respective posts. The petitioners are also seeking implementation of the order dated 26.04.2019 with further direction to release the legitimately earned salary in favour of the petitioners while discharging their duties on the said posts. Lastly, they have prayed for a direction to the to release the withheld arrears in favour of the petitioners from the dates 01.08.2020 and 01.10.2020 respectively. 2. The case of the petitioners is that they is working in the Respondent- Bank and were granted promotion to the post of Cashier cum Clerks and the same was given to the petitioners 1 to 7 with effect from 01.08.2020 and petitioners 8 and 9 with effect from 01.01.2020 as per their promotion order dated 26.04.2019, however, the Respondent-Bank has not released the salaries of the petitioners as per their promoted posts of Cashier cum Clerks. It is stated in the writ petition that Respondent no.4 in one of the orders passed by him dated 26.08.2021 has admitted that the employees which have been promoted as Cashier cum Clerks are satisfactorily discharging their higher duties in the said cadre. 3. It is further stated by the petitioners that despite being working on the higher posts, the Respondent-Bank is not releasing the salary in favour of the petitioners for the reason that the loan amount of Rs.223 crores has been sanctioned to a certain society and that the Respondents are not in a position to pay the petitioners despite the fact that the similarly circumstanced persons who have been promoted to higher posts, are receiving salary on such higher posts after intervention of this Court. 4. 4. The learned counsel for the petitioners states that the petitioners have already invoked the writ jurisdiction of this Hon’ble court and by order dated 10.05.2023, the respondents were directed to decide the representation of the petitioners within a period of one month and the Respondent-Bank has considered the representation of the petitioner and accepted to the effect that the pay and grade attached to the posts of Cashier Cum Clerks will be considered for release in favour of the petitioners on the basis of recommendation of the Departmental Promotion Committee and subject to the financial condition of the Bank. 5. In a nutshell, the case of the petitioners is that they seek implementation of the orders dated 26.04.2019 passed by the Respondent-Bank in favour of the petitioners and also seek a direction upon the respondents to release their legitimately earned salary from the date of their promotion i.e. 01.08.2020 and 01.10.2020 respectively. 6. The Respondent-Bank has filed the reply to the maintainability of the writ petition, however, it has not been denied that the petitioners are working on higher posts but the only reason they are showing is that the financial condition of the Bank is very poor and the answering Respondent-Bank is struggling with losses accumulated to crores of rupees resulting in the erosion of capital as well as public deposits. 7. In view of the above, this petition is disposed of with a direction to the respondents to effectively consider the claim of the petitioners for implementing the Orders dated 26.04.2019 passed in their favour notwithstanding the Order No. 96 (Adm) of 2023 dated 08.08.2023 and release the legitimately earned salary of the petitioners along with withheld arrears from the dates the petitioners are eligible within a period of two months from the date a copy of this order is served upon the respondents. 8. Disposed of along with connected CM. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 23.12.2025 IMTIYAZ, P.S. Whether the order is speaking: Whether the order is reportable: Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 27.12.2025 14:32