UT of Jammu and Kashmir and Ors v. Ramesh Lal and Anr
WP(C)/1829/2025 · 2025-11-12
Rajnesh Oswal
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 12894 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12894 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Uploaded on: 18.11.2025
CJ Court:
WP(C) No. 2602/2025 c/w WP(C) No. 1948/2025 WP(C) No. 1523/2025 WP(C) No. 1808/2025 WP(C) No. 1829/2025 WP(C) No. 2061/2025
UT of J&K and others
…Petitioner(s)/Appellant(s) Through: Mrs. Monika Kohli, Sr. AAG
v/s
Ram Lal and others
…. Respondent(s) Through: Ms. Himani Khajuria, Advocate vice Mr. Ankur Sharma, Advocate Mr. Qayoom Choudhary, Advocate Mr. Rupinder Singh, Advocate Mr. Abhinav Sharma, Sr. Advocate with Mr. Abhirash Sharma, Advocate
CORAM: HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
ORDER 12.11.2025
1. The issue involved in all these petitions is identical as such, the same are being disposed of by this common
judgment. 2. In WP(C) No. 2602/2025, the petitioners have impugned an Order dated 20.06.2024 passed by the learned Central
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WP(C) No. 2602/2025
a/w connected matters. Administrative Tribunal, Jammu (hereinafter to be referred as >the Tribunal?), whereby the Transferred Application No. 8254/2021, titled <Ram Lal and others vs. Union Territory of J&K and others= has been allowed by quashing the order in respect of recovery of excess amount, paid erroneously, from the respondents has been set aside and the petitioners have been directed not to recover any amount from the salary or pensionary benefits of the respondents. 3. In WP(C) No. 1948/2025, the petitioners have impugned the Order dated 20.06.2024 passed by the learned Tribunal, whereby the Transferred Application No. 2788/2020, titled <Kuldeep Kumar vs. Union Territory of J&K and others= has been allowed by quashing the order in respect of recovery of excess amount, paid erroneously, from the respondent has been set aside and the petitioners have been directed not to recover any amount from the salary or pensionary benefits of the respondent. 4. In WP(C) No. 1523/2025, the petitioners have impugned an Order dated 20.06.2024 passed by the learned Tribunal, whereby the O.A No. 1347/2021, titled <Arjun Kumar and others vs. Union Territory of J&K and others= has been allowed by quashing the order in respect of
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a/w connected matters. recovery of excess amount, paid erroneously, from the respondents has been set aside and the petitioners have been directed not to recover any amount from the salary or pensionary benefits of the respondents. 5. In WP(C) No. 1808/2025, the petitioners have impugned an Order dated 20.06.2024 passed by the learned Tribunal, whereby O.A No. 428/2021, titled <Madan Lal and others Union Territory of J&K and others= has been allowed by quashing the order in respect of recovery of excess amount, paid erroneously, from the respondents has been set aside and the petitioners have been directed not to recover any amount from the salary or pensionary benefits of the respondents. 6.
In WP(C) No. 1829/2025, the petitioners have impugned an Order dated 20.06.2024 passed by the learned Tribunal, whereby O.A. No. 617/2021, titled <Ramesh Lal and others vs. Union Territory of J&K and others= has been allowed by quashing the order in respect of recovery of excess amount, paid erroneously, from the respondents has been set aside and the petitioners have been directed not to recover any amount from the salary or pensionary benefits of the respondents. 4
WP(C) No. 2602/2025
a/w connected matters. 7. In WP(C) No. 2061/2025, the petitioners have impugned an Order dated 20.06.2024 passed by the learned Tribunal, whereby the Transferred Application No. 292/2022, titled <Mohd Sadiq Hussain and others vs. Union Territory of J&K and others= has been allowed by quashing the order in respect of recovery of excess amount, paid erroneously, from the respondents has been set aside and the petitioners have been directed not to recover any amount from the salary or pensionary benefits of the respondents. 8. Mrs. Monika Kohli, learned Sr. AAG, submits that the Coordinate Bench of this Court in WP(C)1114/2025, titled, UT of J&K and others vs. Kaku Ram decided on 16.10.2025, has considered the identical controversy. 9. We have heard learned counsel for the parties and examined the order impugned. 10. A perusal of the order impugned reveals that the learned Tribunal has quashed the order in respect of recovery to be affected from the respondents by placing reliance upon the judgments of Hon'ble Supreme Court of India in State of Punjab vs. Rafiq Masih (White Washer) Air 2015 SC 696 and Thomas Daniel Vs. State of Kerala and others 2022 Live Law (SC) 438. 5
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a/w connected matters. 11.
A Coordinate Bench of this Court in WP(C) 1114/2025, titled, UT of J&K and others vs. Kaku Ram decided on 16.10.2025, has rejected the contention of the petitioners in respect of validity of the order directing recovery of excess amount paid to the respondent therein erroneously. The judgment in case titled UT of J&K and others vs. Kaku Ram was followed in UT of J&K and others vs. Ram Pal and others decided on 20.10.2025. 12. In view of the above, we do not find any illegality in the
order passed by the learned Tribunal. The writ petitions are, accordingly, dismissed.
(RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE JAMMU: 12.11.2025 Karam Chand
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No KARAM CHAND 2025.11.18 11:01 I attest to the accuracy and integrity of this document