Serial No.26 Reg. Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2261/2024 c/w WP(C) 2186/2024 MIRZADA JAVAID AHMAD … Petitioner(s) Through: Mr. M. A Beigh, Advocate Vs. UNION TERRITORY OF J AND K AND ORS. ...Respondent(s) Through: Mr. Ilayas Laway, GA CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 16.09.2025 1. The issues involved in the instant petitions are akin and analogous to each other, as such, are disposed of by this common order hereunder: WP(C) 2261/2024 (i) In the instant petition, the petitioner herein states that he came to be appointed on 29.09.2000 as Rent Controller in the erstwhile Notified Area Committee Awantipora, in the pay scale of 775-1025 (Pre-Revised) and later retired after putting more than 24 years of service on 30.04.2024. It is being stated that after his retirement, the respondents did not settle his pension case and also did not release retiral benefits in his favour, though the respondents were legally bound to settle and release the same. . It is being further stated that the petitioner though approached the respondents for settlement and release of his pensionary benefits, yet the respondents did not settle and release the same necessitating the filing of the instant petition. (ii) Objections to the petition have been filed by the respondents, wherein it is being admitted that the petitioner though came to be appointed in the year 2000 in the respondent/department, yet the said appointment was legally impermissible and that the said appointment of the petitioner as also of like others became subject matter of an investigation in FIR No. 19/2011 and on account of the pendency of the said FIR, the pension case of the petitioner could not be settled and retiral benefits could not be released in his favour. WP(C) 2186/2024 (i) In this instant petition filed under Article 226 of the Constitution, the petitioner herein claims to have been engaged on consolidated basis as Sweeper by the Municipal Council, Anantnag and after putting more than 10 years of service came to be regularized in the grade of Rs. 2550-3200(Pre-Revised). It is also stated that the petitioner came to be superannuated from service as a permanent employee while holding the substantive post of Sweeper on 31.01.2024, however, her retiral benefits were not released by the respondents, even though the petitioner approached the respondents for settlement and release of pensionary benefits in her favour and upon failure of the respondents to release the same, the petitioner was compelled to maintain the instant petition before this Court. (ii) Objections to the petition have been filed by the respondents wherein it is being inter alia stated that the initial engagement of petitioner as also her regularization became subject matter of an investigation in FIR No. 19/2011 and on account of the said FIR, the case of the petitioner for settlement and release of retiral benefits could not be processed and settled. Heard counsel for the parties and perused the record. 2. The counsel for the petitioners at the outset while making his submissions invited the attention of this Court to judgment and order dated 22.08.2025 passed in case titled as “Gulzar Ahmad Khan Vs. UT of J&K & Ors. being WP(C)No. 3342/2023” and would contend that the said judgment and order is squarely applicable to the case of the petitioners herein and would thus pray for the disposal of the instant petition on the similar lines on which the said Gulzar Ahmad Khan case supra was decided by this Court. 3. The counsel for the respondents does not in principle oppose the application of the judgment and order passed in “Gulzar Ahmad Khan Vs. UT of J&K & Ors. being WP(C)No. 3342/2023” to the case of the petitioners herein. 4. A closer examination of the said judgment and order as also the record of the instant petitions would manifestly tend to show that the said judgment and order dated 22.08.2025 mutatis mutandis is applicable to the cases in hand. 5. Accordingly, the instant petitions are allowed and by issuance of a Writ of Mandamus, the respondents are commanded to release all retiral benefits including arrears thereof in favour of the petitioners to which the petitioners are entitled thereto within a period of three months from the date a copy of this order is produced by the petitioners before the respondents, and in the event of failure of the respondents to carry out the aforesaid directions, the respondents shall be liable to pay interest to the petitioners herein over the retiral benefits and arrears thereof @ 7% from the date same became due to the petitioners till the date of actual payment. 6. Disposed of along with the connected applications. 7. A Copy of this order shall be placed on the record file of each of the petition. (JAVED IQBAL WANI) JUDGE SRINAGAR: 16.09.2025 “S.Nuzhat”