1 WP(C) No. 1081/2021 C/w SWP No. 867/2018&CCP(S) No. 463/2023 S. No. 14 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1081/2021 C/w SWP No. 867/2018 CCP(S) No. 463/2023 Mukhtar Ahmad Bakal …Appellant/Petitioner(s) Through: Mr. M. Y. Bhat, Sr. Advocate with Mr. Hamza Prince & Mr. Sajid Ahmad Bhat, Advocates Vs. UT of J&K and Ors. ...Respondent(s) Through: Mr. Waseem Gull, GA CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 29.05.2025 1. Petitioner in writ petition (WP(C) No. 1081/2021) seeks a direction upon respondents to release his withheld salary along with 18% interest per annum to be calculated till date. He also seeks a direction upon respondents to release his all due retiral benefits within some stipulated time period along with interest as claimed above. 2. Petitioner in writ petition (SWP No. 867/2018) seeks a direction upon respondents to extend the benefit of SRO 164 of 2014 dated 05.06.2014 in his favour and grant him all consequential benefits including salary as payable up to the age of 60 years. He also seeks a direction upon respondents to allow him to continue in service and allot work to him up to the age of 60 years as has been done with other similarly situated employees. 3. The case set up by the petitioner is that he came to be appointed in the respondent-Society on 07.10.1983 as Assistant Salesman and in view 2 WP(C) No. 1081/2021 C/w SWP No. 867/2018&CCP(S) No. 463/2023 of his merit, seniority and suitability, he was given promotions from time to time and finally he retired from services as Manager on 30.04.2020. It is averred in writ petition that the Society/State Apex Organization is fully controlled and owned, financially as well as administratively, by the Government and the head of the Society, i.e. the Administrator, is also nominated and appointed by the Government by deputing its senior KAS employees against the said post. The Society was adamant to retire the petitioner at the age of 58 years only, but the petitioner filed a writ petition bearing SWP No. 867/2018, contending therein that the age of retirement should be 60 years in view of updated Rules in vogue in the State Government and in the said writ petition, a Coordinate Bench of this Court vide order dated 24.04.2018 directed the parties to maintain status quo and because of the said order, the petitioner came to retire from services on 30.04.2020. It is also averred in the petition that the petitioner upon attaining the age of 58 years, the respondent-society sought to unlawfully superannuate him from services on 30.04.2018. However, the petitioner pleaded before the authorities that the retirement age has been enhanced by the Government to 60 years in cases of Government servants, who were in service as on 01.06.2014. Same has been done vide SRO 164 of 2014 dated 05.06.2014. It is also averred in the petition that some similarly situated employees have been allowed to continue either on Court directions or of their own, but the plea of petitioner has been kept pending. 3 WP(C) No. 1081/2021 C/w SWP No. 867/2018&CCP(S) No. 463/2023 4. The short grievance of the petitioner is that the respondents are not releasing his withheld salary calculated till date and retiral benefits even after his retirement without any reason and justification. 5. It is submitted by learned senior counsel for the petitioner that the amount of Rs.47,76,262/-, is due to petitioner which has remained unpaid. 6. The respondents during the proceedings of this case have claimed that they have released the unpaid salary in favour of petitioner and when they were directed to produce the record indicating therein the period for which salary was paid to petitioner, they did not produce it, therefore, this Court vide order dated 12.02.2025 observed that in the event record was not produced on the next date of hearing, adverse inference would be drawn against the respondents. 7. Learned senior counsel for the petitioner has placed on record statement showing therein the amount paid to petitioner on account of salary from 20.05.2010 to 21.08.2018 (Annexure V to writ petition). The said statement is signed by Administrator. 8. It is submitted by learned counsel for the respondents that the respondents on the basis of record would determine the unpaid salary as well as retiral benefits of petitioner and after verifying it, they will pass appropriate orders for its release. 9. Having regard to submissions made by learned counsel for the parties, this writ petition is disposed of with a direction to the respondents to consider the case of petitioner for release of salary and retiral benefits as claimed by him as unpaid, and the amount which is found due, shall be released in favour of petitioner. The respondents while 4 WP(C) No. 1081/2021 C/w SWP No. 867/2018&CCP(S) No. 463/2023 considering the case of petitioner shall associate him in determining the unpaid salary and retiral benefits and pass a reasoned order within a period of two months from the date copy of this order is served upon them. However, it is made clear that in the event, the case of petitioner for release of unpaid salary and retiral benefits is not settled within the aforesaid prescribed time period, the petitioner shall be entitled to the interest @ 6% per annum. Petitioner shall be at liberty to approach this Court again, if he chooses so. 10. Both the writ petitions are disposed of as above. 11. Resultantly, the proceedings in petition [CCP(S)) No. 463/2023] are dropped and contempt petition is closed. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 29.05.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 01.07.2025 09:52