S. No. 11 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No. :-WP(C) No. 2914/2024 CM No. 7146/2024 1. Colonel Joy Deep Singh Kotwal (Retired), Age 69 years, S/o Late Sh. Tak Chand Kotwal, R/o H.No. 38/8, Lane No. 29, Tawi Vihar, Sidhra, Jammu; 2. Colonel Rawel Singh (Retired), Age 64 years, S/o Sh. Tara Singh, R/o Village Gajansu, Tehsil Marh, Jammu; 3. Colonel Sushil Singh Pathania (Retired), SC, Age 65 years, S/o Sh. Onkar Singh Pathania, R/o H. No. A/1, Green Enclave near Education Board, Rehari Colony, Jammu; 4. Colonel Virinder Singh (Retired), Age 62 years, S/o Sh. JS Dogra, R/o H.No.46-C, Lane No.29, Tawi Vihar Sidhra, Jammu. …..Petitioner(s) Through: Mr. Rajesh Bhushan, Advocate. Vs. 1. UT of J&K Th. Chief Secretary, Govt. of Jammu & Kashmir, Civil Secretariat, Jammu; 2. Commissioner/Secretary, Home Department, Govt. of Jammu & Kashmir, Civil Secretariat, Jammu; 3. Director, Sainik Welfare Department, Amphalla, Jammu. ….. Respondent(s) Through: Ms. Aprana Gupta, Advocate vice Mrs. Monika Kohli, Sr. AAG. Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 03.01.2025 2 WP(C) No. 2914/2024 (ORAL) 1. Learned counsel appearing for the petitioners fairly submits that the instant petition can be disposed of, at this stage, by directing the respondents to implement S.O 676 of 2022 dated 12.12.2022 in its letter and spirit by extending the benefits of the same in favour of the petitioners and pay ignorable portion of pension, increments, dearness allowance and other allowance, for which the petitioners are entitled to, from the date of the aforesaid S.O. 2. Through the medium of this petition, learned counsel for the petitioner has also prayed that the respondent No. 3 be directed to re-fix the pay of the petitioners in terms of the aforesaid S.O. 3. Since an innocuous prayer has been made by the learned counsel for the petitioner, learned counsel appearing for the respondents is not averse to the disposal of the instant petition, at this stage, in case the respondents are directed to accord consideration to the case of the petitioners in terms of the aforesaid S.O strictly under rules and as per the law, subject to eligibility of the petitioners. 4. With the consent of learned counsel for the parties, this writ petition is taken up for disposal, as this stage, by directing the respondents to accord consideration to the case of the petitioners strictly in conformity with the S.O 676 of 2022 dated 12.12.2022, subject to the eligibility of the petitioner. The aforesaid exercise shall 3 WP(C) No. 2914/2024 be carried out within a period of six weeks from the date, a certified copy of this order along with writ petition and annexures are made available to the respondent No. 3-Director Sainik Welfare Department, Jammu, on whose, behalf Ms. Aparna Gupta, Advocate has caused appearance vice Mrs. Monika Kohli, Sr. AAG. It is further made clear that in case, consideration order goes in favour of the petitioners, then the respondents are further directed to re-fix the pay of the petitioners, who are re-employed pensioners, in terms of the aforesaid S.O, within a period of four weeks thereafter. 5. Writ petition is, accordingly, disposed of alongwith connected application. (Wasim Sadiq Nargal) Judge JAMMU 03.01.2025 Ram Krishan Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No Ram Krishan 2025.01.03 15:54 I attest to the accuracy and integrity of this document