Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 4818 (JK)

BALBIR SINGH AND OTHERS v. U T OF J AND K TH COMMISSIONER SECRETARY FINANCE DEPTT AND OTHERS

WP(C)/2299/2022 · 2025-03-03

Rajesh Sekhri

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP(C) No. 2299/2022 CM No. 6274/2022 Balbir Singh & Ors. ….Petitioner(s)/Appellant(s) Through :- Mr. Irfaan Khan, Advocate V/s UT of J&K & Ors. ….Respondent(s) Through :- Mr. Rajesh Thappa, AAG Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 03.03.2025 1. Petitioners have invoked writ jurisdiction of this Court under Article 226 of the Constitution of India, primarily, for issuance of appropriate direction to the respondents for release of pending arrears of 6th Pay Commission in terms of Government Order No. 92 of 2009 dated 24.04.2009 and 7th Pay Commission in terms of Government Order No. 278-F of 2018 dated 06.06.2018 with pending instalments of COLA pursuant to Order dated 16.06.2011 along with interest for delay in payment of arrears. 2. Mr. Irfaan Khan, learned counsel for the petitioners has relied upon order dated 02.07.2013 passed by this Court in “Gurdeep Singh Soodan & Ors. vs. State & Ors.” (SWP No. 1458/2011) and being similarly situated, claims parity. Sr.No.27 2 WP(C) No. 2299/2022 3. Learned counsel for the petitioners, in addition to the above, has also placed on record a couple of orders passed by this Court in “Darshan Kumar & Ors. vs. UT of J&K & Ors.” [WP(C) No. 2020/2022 dated 31.07.2024] and “Vinod Koul & Ors. vs. UT of J&K & Ors.” [WP(C) No. 1590/2022 c/w WP(C) No. 2860/2022 dated 20.09.2024], those came to be disposed of by this Court on the same lines. Copy of these orders are taken on record. 4. Learned counsel for the petitioners has also drawn attention of this Court to communication dated 27.01.2022 issued by Managing Director, JKHHC, Jammu, whereby an amount of Rs. 4,11,921/- came to be disbursed to the Ex-employees of the Corporation on account of retirement benefits. 5. Mr. Rajesh Thappa, learned counsel for the respondents is not averse to disposal of the present petition on the same lines. 6. With the consent of learned counsels for the parties, the present petition is admitted to hearing and is disposed of with a direction to the respondents to consider the claim of the petitioners strictly as per law for fixing and releasing the revised pay structure in terms of Government Order No. 92 of 2009 and also release the arrears of 6th and 7th Pay Commission within a period of two months from the date copy of this order is made available to them, provided the petitioners are similarly situated. 7. Disposed of along with connected CM(s). (RAJESH SEKHRI) JUDGE Jammu: 03.03.2025 Meenakshi