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2025 DAILYLAW 3884 (JK)

KULDIP SINGH PATHNIA AND OTHERS v. UT OF J AND K TH FINANCIAL COMMISSIONER FINANCE DEPARTMENT JAMMU AND OTHERS

WP(C)/1860/2025 · 2025-07-23

Ma Chowdhary

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1860/2025 Kuldip Singh Pathania & Ors. …..Appellant(s)/Petitioner(s) Through: Mr. O S Bandral, Advocate vs U. T. of J&K & Ors. .…. Respondent(s) Through: Ms. Sagira Jaffar, A C vice Ms. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER (23.07.2025) Petitioners, through the medium of this petition, seek direction to the respondents to calculate and release the gratuity amount due to the petitioners within 30 days along with interest @ 12% per annum on the gratuity amount. Learned counsel for the petitioners was directed to assist this Court by previous order with regard to maintainability of this petition, in view of the Payment of Gratuity Act, which provides alternative efficacious remedy. He fairly submits that the remedy lies before some other authority, however, submits that the order passed by that authority in cases of his colleagues are not being implemented. Therefore, this matter be heard by this Court. Since, an alternative efficacious remedy is available in the Payment of Gratuity Act, this Court is inclined not to proceed entertain this matter. Petitioners shall be well advised to seek available remedy under the provisions of the Payment of Gratuity Act. This petition is, thus, disposed of, in limine, with liberty to the petitioners to avail appropriate remedy available to them. (M A CHOWDHARY) JUDGE Jammu 23.07.2025 Suraj K. Singh Serial No. 2