HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU LPA No.243/2024 1. Union Territory of Jammu and Kashmir Commissioner/Secretary to Government, Department of Finance, Civil Secretariat, Jammu. 2. The Commissioner, Jammu Municipal Corporation, Town Hall, Jammu. 3. The Joint Commissioner (Accounts), Jammu Municipal Corporation, Town Hall, Jammu 4. Deputy Director, Local Fund Audit & Pension, Jammu. ...Appellant(s) Through: Ms. Monika Kohli, Sr.AAG V/s 1. Vinod Kumar Age 61 years S/o Vishwa Nath R/o Quarter No.181, Rehari Colony, Tehsil & District Jammu. 2. The Accountant General, UT of J&K. ...Respondent(s) Through: Mr. Anuj Dewan Raina, Advocate for R-1 Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MRS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 04.03.2025 CM No.6803/2024 1. This is an application filed by the appellants seeking condonation of 106 days’ delay in filing the appeal against the judgment dated 23.02.2024 passed by the learned Single Judge in WP(C) No.846/2020 titled Vinod Kumar v. UT of J&K and others. 2. The application, for the reasons stated therein coupled with the submissions made, is allowed and the delay of 106 days in filing the appeal is accordingly condoned. S.No.31 LPA No. 243/2024 2 LPA No.243/2024 3. This intra Court appeal by the appellants is directed against the judgment dated 23.02.2024 passed by the learned Single Judge [“the Writ Court”] in WP(C) No.846/2020 titled Vinod Kumar v. UT of J&K and others, whereby the Writ Court while allowing the writ petition has directed the respondents/appellants herein to release the pensionary benefits in favour of respondent No.1 herein along with interest @7.5% per annum. 4. Learned counsel for respondent No.1 submits that the instant case is fully covered by the judgment rendered by this Court in LPA No.119/2022 titled UT of J&K and others v. Deshbir Singh and another, decided on 22.09.2023. 5. On the other hand, learned counsel appearing for the appellants could not point out as to how the case of respondent No.1 is different from the respondent No.1 in WP(C) No.1730/2020. 6. Having heard learned counsel for the parties and perused the material available on record including the impugned judgment, we are of the considered opinion that the case of respondent No.1 before the Writ Court was similar and identical to the case of petitioner in WP(C) No.1730/2022. The writ petition filed by Deshbir Singh was allowed by the Writ Court vide order dated 02.06.2022 and the appeal filed against the said judgment was dismissed by this Court vide judgment dated 22.09.2023 in LPA No.119/2022. 7. In view of the aforesaid and without noticing the facts of case in detail, we dismiss this appeal in light of the legal position narrated in judgment dated LPA No. 243/2024 3 22.09.2023 passed in LPA No.119/2022 titled UT of J&K and others v. Deshbir Singh and another. (Moksha Khajuria Kazmi) (Sanjeev Kumar) Judge Judge JAMMU: 04.03.2025 Vinod, PS Whether order is reportable: Yes/No Vinod Kumar 2025.03.07 15.15 I attest to the accuracy and integrity of this document Jammu