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2025 DAILYLAW 12482 (JK)

ZAINUL ABIDEEN RATHER v. CHIEF SECRETARY TO GOVT. UT OF J AND K

WP(C)/1283/2020 · 2025-11-04

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

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19 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1283/2020 CM(3266/2020) Zainul Abideen Rather. ….. Petitioner (s) Through: Mr. M A Wani, Adv. V/s Chief Secretary to Govt. UT of JK. ….. Respondent(s) Through: Mr. Hakim Aman Ali, Dy AG. Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 04.11.2025 1. The petitioner through the medium of present petition, has challenged communication dated 12-06-2020 issued by the respondent No. 3, whereby it has been observed that pay scale applicable to the petitioner with effect from 27-12-1991 is selection grade of Rs. 200-60-3500 instead of pay scale of Rs. 2200-75-4000. It has been further provided that pay scale of the petitioner may be regulated correctly and recovery be made from retirement benefits of the official. 2. It is pertinent to mention here that the petitioner had moved this Court by way of another writ petition bearing SWP No. 2134/2014 seeking quashment of order dated 19-06-2014 by virtue of which periodical increment in his favour were withheld and also for quashment of order dated 25-10-2014 by virtue of which pay and grade of the petitioner was reduced. It was also prayed in the said petition that the respondents be directed not to effect any recovery from the retiral benefits of the petitioner. The said writ petition came to be allowed by this Court in terms of judgment dated 02-08-2024 and order dated 25-10-2014 was quashed. The respondents were directed not to effect any recovery from petitioner and in any case they have made in such recovery, the same was directed to be released in his favour. It was further directed that the respondents shall release arrears in favour of the petitioner up to date of his superannuation and thereafter fix his pension on the basis of pay scale released in his favour in terms of order dated 26-08-1992. 3. The aforesaid directions passed in the SWP No. 2134/2014 take care of all the reliefs that have been prayed by the petitioner in the present writ petition. Therefore, no further directions against the respondents are called for in this case. If the respondents are not abiding by the directions passed by this Court in judgment dated 02-08-2024 passed in SWP No. 2134/2014, the petitioner is at liberty to file appropriate proceedings seeking implementation of the said judgment. 4. The petition is disposed of. (Sanjay Dhar) Judge SRINAGAR 04.11.2025 Sarvar