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High Court of Jammu and Kashmir · body

2025 DAILYLAW 12977 (JK)

UT OF J AND K TH PRINCIPAL SECRETARY TO GOVT. JAL SHAKTI DEPARTMENT AND OTHERS v. RESHI RAJ THAKUR @ RISHI RAJ THAKUR

WP(C)/873/2025 · 2025-11-12

Rajnesh Oswal

Writ Petition (Civil)body2025

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. 873/2025, WP(C) No. 1484/2025,& WP(C) No. 1322/2025 UT of J&K and others …Petitioner(s)/Appellant(s) Through: Mrs. Monika Kohli, Sr. AAG v/s Reshi Raj Thakur …. Respondent(s) Through: Mr. F. A. Natnoo, 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) 873/2025, the petitioners have impugned an order/judgment dated 17.09.2024 passed by the learned Central Administrative Tribunal, Jammu (hereinafter to be referred as >the Tribunal?) in O.A No. 340/2024, titled <Reshi Raj Thakur vs. UT of J&K and others=, whereby the Tribunal has allowed the O.A filed by the respondent and 2 WP(C) No. 873/2025 a/w connected matters. the impugned PPO restricting the amount of monthly pension less than the last pay drawn by the respondent was set aside and the petitioners were directed not to recover any amount from the salary or pensionary benefits of the respondent. 3. In WP (C) No. 1484/2025, the petitioners have challenged and order/judgment dated 17.09.2024 passed by the learned Tribunal in O.A No. 341/2024, titled, <Mohd Irshad and others vs. UT of J&K and others=, whereby the Tribunal has allowed the O.A filed by the respondents and the impugned PPO restricting the amount of monthly pension less than the last pay drawn by the respondent, was set aside and the petitioners were directed not to recover any amount from the salary or pensionary benefits of the respondents. 4. In WP(C) No. 1322/2025, the petitioners have challenged and order/judgment dated 26.11.2024 passed by the learned Tribunal in O.A No. 61/1022/2024, titled <Chaman Lal vs. UT of J&K and others=, whereby the Tribunal has allowed the O.A of the respondent and the impugned PPOs restricting the amount of monthly pension less than the last pay drawn by the respondent, was set aside and the petitioners were directed not to recover any 3 WP(C) No. 873/2025 a/w connected matters. amount from the salary or pensionary benefits of the respondents. 5. Learned counsel for the parties submit that in an identical matter bearing WP(C) No. 2183/2025, titled, UT of J&K and others vs. Naseer Ahmed Trak decided on 11.08.2025, a Coordinate Bench of this Court has remanded the matter to the learned Tribunal for its fresh disposal in accordance with law inter alia on the issue of applicability of SRO 149 of 1973 to the cases of respondents. 6. In view of the above, the present writ petitions are allowed and impugned orders passed by the learned Tribunal are set aside. The matters are remitted to the learned Tribunal to adjudicate the matter afresh inter alia on the issue of applicability of SRO 149 of 1973 to the cases of respondents. 7. Disposed of. (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 11:02 I attest to the accuracy and integrity of this document