S. No. 11 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 350/2025 CM No. 796/2025 Mohammad Azam and Ors. …Appellant/Petitioner(s) Through: Mr. Zahoor Jan, Advocate Vs. J&K State Financial Corporation and Anr. ...Respondent(s) Through: Mr. Jahingeer Ahmad Dar, GA CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 24.02.2025 1. A direction upon respondents for release of balance payable amount of 6th Pay Revision Arrears along with interest in favour of petitioners, is sought for in this writ petition. 2. The case set up by the petitioners is that they were employees of the respondent-corporation, who have retired from services on superannuation between 2012 to 2024. The Government vide its order No.92 of 2009 dated 24.04.2009, accorded approval for adoption of 6th Pay Revision to PSUs to be effective from 01.07.2009 and retrospectively from 01/2006. In terms of the condition No.9 of the aforesaid order, the other conditions relating to the fixation of pay in the revised pay band(s) and all other matters allied thereto and not expressly provided for in the order shall be the same as contained in the Jammu and Kashmir Civil Service (Revised Pay) Rules, 2009. 3. The respondent-corporation did not release 6th Pay Revision Arrears to its retired and in-service employees in terms of aforementioned Government Order. Some of its employees both from Kashmir and Jammu, filed a writ petition (SWP No. 1755/2012) at Jammu Wing. The petitioners also approached respondent No.2 for release of 6th Pay Revision Arrears, among other reliefs, but they were always assured that the matter of release of 6th Pay Revision Arrears is sub judice. Since release of 6th Pay Revision Arrears involves a policy decision, as such, the decision in the Court case will be applied to all its retired and in-service employees. The writ petition bearing SWP No. 1755/2012 was disposed of on 24.10.2016, wherein the writ petitioners were held entitled to all the retiral benefits of Revised Pay Scale notionally w.e.f. 01.01.2006. However, the respondent-corporation assailed the said judgement in LPA bearing LPASW No. 25/2017. The Division Bench of this Court modified the judgement to the extent of SRO 94 dated 15.04.2009, relating to grant of gratuity, with a direction that in case SRO 94 dated 15.04.2009 has been adopted by the appellant, the benefits of the aforesaid SRO shall also be given to the employees of the appellant-corporation as the same was required to be extended in favour of the LPA respondents. However, payment of gratuity is not the subject matter of this writ petition. When the judgement was not implemented by the respondent-corporation, a contempt petition bearing CPSW No. 500/2017 came to be filed and subsequently the respondent-corporation paid two instalments of 6th Pay Revision Arrears to its retired as well as in-service employees. The respondent- corporation released 06 instalments out of 10 instalments of 6th Pay Revision Arrears, however, it has not released rest of the instalments. 4. It is argued by learned counsel for the petitioners that the respondent- Corporation has released balance payable amount of 6th Pay Revision arrears to the writ petitioners of aforesaid writ petition, but petitioners in this petition were not paid the same despite assurance for according the same treatment. It is also stated that pending-four-instalments out of ten have been released in favour of writ petitioners of SWP no.1755/2012, so petitioners in the instant writ petition are also required to be given the instalments which are yet to be released in their favour. 5. Notice. 6. Notice was accepted by Mr. Jahingeer Ahmad Dar, learned counsel for the respondents at pre-lunch session. He then prayed that he would seek instructions from Managing Director, J&K Forest Corporation. In post- lunch session, Mr. Jahingeer has stated that respondents will consider the case of petitioner at par with the writ petitioners of SWP no.1755/2012 after adopting and considering the rules governing the subject. 7. Having regard to submissions made by learned counsel for the parties, this petition is disposed of with a direction to the respondent- corporation to release pending 6th Pay Revision Arrears in favour of petitioners at par with writ petitioners to writ petition, bearing SWP no.1755/2012, strictly in accordance with rules governing the field preferably within a period of four months from the date a certified copy of this order is served upon them. 8. Disposed of. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 24.02.2025 Manzoor