H I G H C O U R T O F J A M M U & K A S H M I R A N D L A D A K H HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No:- WP(C) No. 1914/2024 CM No. 4671/2024 Amarjit Singh and Ors. …..Petitioner(s) Through: Ms. Shivani Jalali, Advocate. Vs UT of J&K and Ors. .…. Respondent(s) Through: Mr. Rajesh Thappa, AAG Mr. Danish Butt, Advocate Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER (ORAL) 07.05.2025 1. Upon coming of the instant petition for consideration today, learned counsel for petitioners invited attention of this Court to order dated 30.04.2025, which reveals that learned counsel for petitioners had on the said date, pointed out that the case of the petitioners stands covered by the judgments passed by the two Co-ordinate Benches of this Court, as consequence whereof, learned counsel for the petitioners came to be directed to furnish the copies of the said judgments to the learned counsel for the respondents, who states that he has received the copies of the same and admits that the case of the petitioners herein is covered by the judgments passed by the Co-ordinate Benches of this Court. FACTS. 2. The petitioners in the instant petition claim to be retired employees of J&K Cooperative Supply & Marketing Federation Ltd. (for short, “JAKFED”), which is stated to have been wound up by the Government and a Sr. No. 10 2 WP(C) No. 1914/2024 liquidator appointed thereto, for settling the claims, if any, thereof. It is stated that the retiral benefits of the petitioners consisting of gratuity, earned leave, CP fund including interest thereof as well as the amount of enhanced pay covered under 6th Pay Commission even though having been worked out by the said liquidator, is not paid to the petitioners ever since the petitioners though retired prior to the winding up of the JAKFED, necessitating the filing of the instant petition, in that, the petitioners have had been repeatedly and continuously seeking release of their retrial benefits from the respondents. 3. Objections to the petition have been filed by the respondents, wherein it is being, inter-alia, stated that the payment of retiral benefits due to the petitioners is not being denied, however, the payment thereof is stated to be subject to the clearance from the Crime Branch, Jammu, which is investigating an FIR registered against the petitioners. It is further stated since the JAKFED stand wound up in terms of order dated 14.10.2019 and consequently, dissolved and is currently under liquidation while stating further that the respondents are not able to pay interest to the petitioners on account of gratuity and leave encashment due to them, worked out, assessed and reflected in the objections. Insofar the CP fund of the petitioners is concerned, it is stated that JAKFED has had failed to deposit both employees’ and employers’ share into the fund office, as such, no interest thereon on the said amount is payable to the petitioners. Insofar the payment of 6th pay commission claimed by the petitioners is concerned, it is stated that the implementation of the 6th pay commission was carried out by the then Management of the JAKFED with effect from October, 3 WP(C) No. 1914/2024 2012, and as the JAKFED stands dissolved being presently under liquidation, the liquidator has to assess the assets and liabilities of the JAKFED without any administrative or financial powers pertaining to the service matters of the employees. Heard learned counsel for the parties and perused the record. 4. Learned counsel for the petitioners, while making her submission in line with the case set up in the instant petition, would pray for grant of the relief prayed for and would simultaneously deny the plea of the counsel for respondents that the petitioners are involved in an FIR registered against them, whereas on the contrary, the learned counsel for the respondents failed to controvert the submission of the learned counsel for the petitioners qua the involvement of the petitioners in the FIR the petitioners are alleged to have been involved. 5. Be that as it may, perusal of the judgments relied upon by the learned counsel for the petitioners passed in WP(C) no. 2823/ 2023 titled as “Sanjeev Bhagat and Ors V/s UT of J&K and Ors.” decided on 14.11.2024 as well as passed in the case titled as, “Rajinder Abrol and Ors. V/s UT of J&K and Ors.” in WP(C) No. 3267/2023 decided on 01.01.2025, inasmuch as, the case in hand, it is manifest that the controversy involved in the aforesaid judgments, in essence, is identical to the controversy involved in the instant petition. 6. Having regard to the aforesaid position obtaining in the matter, the instant petition is, as such, to be disposed of on the similar lines, on which, the 4 WP(C) No. 1914/2024 aforesaid petitions have been disposed of and is, accordingly, disposed of as under: - “The respondents are directed to release the retiral benefits of the petitioner including the CP fund along with applicable interests within a period of three months from the date of receipt of this order and in the event, the same is not released within said stipulated period, the amount due as on the expiry of the aforesaid stipulated period, shall carry interest @ 6% per annum till the amount is actually paid. In the aforesaid process, the petitioner shall render assistance to the respondents, if so required for the purpose of their claims.” 7.. Disposed of, along with connected application(s). (Javed Iqbal Wani) Judge Jammu 07.05.2025 Javid Iqbal Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No