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2025 DAILYLAW 3451 (JK)

ANJEET BHAT AND OTHERS v. UT OF JAND K TH COMMISSIONER SECRETARY TO GOVERNMENT FINANCE DEPARTMENT AND OTHERS

WP(C)/1380/2024 · 2025-08-19

Vinod Chatterji Koul

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 13 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 1380/2024 Anjeet Bhat and others …. Petitioner/Appellant(s) Through:- Mr. O.S Bandral, Advocate V/s UT of J&K and others …..Respondent(s) Through:- Mrs. Monika Kohli, Sr. AAG Mr. Dewakar Sharma, Dy. AG CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 19.08.2025 1. Petitioners are ex-employees of J&K Handloom Development Corporation, who retired from the Corporation while holding the different positions. The dates on which the petitioners have been superannuated are given in para 2 of the petition. The service of the employees being non-pensionable, therefore, there is no regular income for the said retired employees. The benefits which are available to them on the retirement are Gratuity, Leave Encashment Salary, CPF, and arrears, if any. The grievance of the petitioners is that the arrears on account of 7th Pay Commission recommendations have not been released in their favour. 2. The Government has implemented the 7th Pay Commission recommendations with effect from 01.01.2016, for all the employees of the Department as well as those of Public Sector Undertakings, vide Govt. Order No. 412-F of 2018 dated 25.09.2018. Subsequently, __________ the Handloom Development Corporation, through its Board of Directors, implemented the 7th pay commission incorporation on 29.10.2019 w.e.f 01.01.2016, therefore all employees who were in service during the years 2016, 2017 and 2018 are entitled to arrears on account of 7th Pay Commission, and the petitioners are also, thus, entitled to the same. 3. The case of the petitioners is that despite the aforesaid implementation of 7th Pay Commission and its applicability to Public Sector Undertakings, the petitioners have been deprived of the said arrears on account of 7th Pay Commission. Only grievance, therefore, which is being agitated by the petitioners in this case, despite having being entitled to the arrears of the 7th pay commission, they have been deprived of the same. Respondents have failed to consider their claims and pay the arrears. 4. Objections have not been filed despite opportunities granted to the respondents. It is submitted by the learned counsel for the respondents that the claim of the petitioners regarding payments of arrears on account of 7th Pay Commission would be considered and settled, if entitled to the same under rules. 5. Therefore, having regard to the submissions made by the learned counsel for the parties and considering the fact that keeping this petition pending will not serve any purpose, the petition shall stand disposed of by directing the respondents to consider the claim of the petitioners insofar as release of arrears of pay on account of 7th Pay Commission is concerned. They shall decide their entitlement to the __________ said arrears and release the same, if entitled, within a period of eight weeks. 6. Accordingly, this petition stands disposed of. (Vinod Chatterji Koul) Judge Jammu: 19.08.2025 Shafqat