HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No:- WP(C) No. 1598/2019 CM No. 3333/2019 Ram Singh …. Petitioner(s) Through: Ms. Manpreet Kour, Advocate vice Mrs. Surinder Kour, Sr. Advocate. Vs. 1. State of J&K and Ors. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG Ms. Monika Thakur, Advocate Mr. R. Koul, Advocate Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER(ORAL) 17.07.2025 1. The petitioner herein in the first round of litigation preferred SWP No. 2723/2001 before this Court contending therein that he came to be selected and appointed against the post of conductor on 05.10.1971 in the then Government Transport Undertaking (now SRTC) and subsequently promoted as Junior Assistant on 21.01.1986, which promotion, however was granted to the petitioner much after the promotion of his juniors, namely, Rajinder Singh and Surinder Singh, being respondent 7 and 8 therein, who had also been subsequently promoted as Senior Assistants ahead of the petitioner. The said SWP No. 2723/2001 came to be allowed by this Court vide judgment and order dated 27.04.2010 on the premise that the petitioner shall be deemed to have been appointed as Conductor in the year 1971 notwithstanding break in his Sr. No. 13 2 WP(C) No. 1598/2019 service claimed by the official respondents and, as such, ranked senior to his Junior being respondents 7 and 8 in the said SWP No. 2723/2001, while holding further that the petitioner having retired from the service although promoted as Senior Assistant, in the meanwhile, directed the official respondents to promote the petitioner as Junior Assistant and Senior Assistant with effect from the date same as his juniors, i.e ,said respondents 7 and 8, in the said petition, however, accorded the said promotion on notional basis. 2. In the present petition being second round of litigation launched by the petitioner, it is being pleaded by the petitioner that after the passing of the aforesaid judgment by the Court in SWP No. 2723/2001 supra, the respondent did not initially comply with the judgment despite being served upon them compelling the petitioner herein to file contempt petition being CPSW No. 48/2011 before this Court, during the pendency of which the respondents issued order dated 29.03.2012 promoting the petitioner as Junior Assistant w.e.f 23.10.1978 and Sr. Assistant w.e.f. 23.09.1985 on notional basis and that though the petitioner herein came to be promoted by the respondents yet, the respondents did not fix his pension in consequences thereof, despite the petitioner herein approached the respondents in this regard, compelling the petitioner herein to maintain the instant petition. 3. Reply has been filed by the respondent 6 herein and no reply has been filed by rest of the respondents. In the said reply filed by the respondent 6, it is contended that the petitioner has been granted pensionary benefit upon submission of his case by the employer of the petitioner being respondents 1 to 5 herein having been determined on the basis of him holding the posts of Junior 3 WP(C) No. 1598/2019 Assistant, in terms of PPO dated 20.05.2019 and that it was incumbent upon respondent 1 to 5 herein to have fixed pay of the petitioner on the basis of last pay of the post of Senior Assistant held by him and also record revised pay entries in this regard in his service book and thereafter furnish to the respondent 6 for revision of the pensionary benefits payable to the petitioner and although a status report came to be sought in this regard by the answering respondent from respondents 1 to 5 on 19.07.2024, the respondents 1 to 5 herein did not furnish the same, which in the process, resulted into the non-payment of the revised retirement benefits to the petitioner. Heard learned counsel for the parties and perused the record. 4. Mr. R. Koul, Advocate appearing counsel for the respondents 2 to 5 admits of the passing of the judgment by this Court in SWP No. 2723/2001 supra in favour of the petitioner as also the consequential promotions accorded thereof notionaly in favour of the petitioner as Junior Assistant w.e.f 23.10.1978 and Sr. Assistant w.e.f 23.09.1985. Mr. Koul would further submit that the petitioner on account of his aforesaid promotion admittedly become entitled to the revision of his pensionary benefits and would candidly submits that necessary papers in this regard would be processed and forwarded to the respondent 6 for further necessary action in this regard. 5. Having regard to the aforesaid submissions made by Mr. R. Koul, Advocate, it deemed appropriate to dispose of the instant petition at this stage with the consent of the appearing counsels for the parties as under :- (i) Respondent 2 to 5 shall process and forward the case of the petitioner for payment of revised pensionary benefits on account of his 4 WP(C) No. 1598/2019 promotion to the posts of Jr. Assistant and Sr. Assistant in compliance to the judgment passed by this Court in SWP No. 2723/2001, preferably within a period of six weeks from the date a copy of this order is produced by the petitioner before the respondents 2 to 5. (ii) Upon receipt of the said case of the petitioner from the respondents 2 to 5, respondent 6 herein shall thereafter settle the case of the petitioner for revised pensionary benefits preferably within 6 weeks. (iii) In the event, respondents 2 to 5 fails to carry out the directions contained in the clause (i) supra within period stipulated therein, the petitioner herein shall be entitled to payment of interest on the revised retiral benefits @7 % from the date of the passing of this order to the date of its actual payment. (iv) Disposed of alongwith connected application(s). (Javed Iqbal Wani) Judge Jammu 17.07.2025 Javid Iqbal Rakesh Kumar 2025.07.22 11:23 I attest to the accuracy and integrity of this document