1 WP(C) No. 1649/2022 S. No. 5 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1649/2022 Mohammad Akbar Dar …Appellant/Petitioner(s) Through: Mr. N. H. Shah, Sr. Advocate with Ms. Saima Ghulam, Advocate Vs. UT of J&K and Ors. ...Respondent(s) Through: Mr. Ilyas Nazir Laway, GA CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 25.07.2025 1. A direction in the nature of mandamus upon respondents to process the case of petitioner for release of pensionary and other consequential benefits, is sought for in this writ petition. 2. Briefly stated facts of the case are that the petitioner was initially engaged as daily wager in the respondent department in August 1976. After completion of seven years, he came to be regularized in the year 1982. He was working as Plant Line Attendant (Store Khalasee) in the office of respondent No.5. In the year 2012, he among other employees, was implicated in FIR No. 80/2012, for the commission of offence under Section 380 RPC, registered at Police Station Boniyar. Consequently, petitioner was placed under suspension. 3. Petitioner states that he made a representation to the respondents that he has been falsely implicated in the FIR and since he was at the verge of retirement and having no other sources of income, his suspension may be revoked. A notice of demand was also sent for release of his service benefits withheld since the registration of FIR. 2 WP(C) No. 1649/2022 4. A challan was presented before the competent court of jurisdiction. Petitioner, among others, was discharged/acquitted from charges leveled against him/them by the Court of Judicial Magistrate, 1st Class, Boniyar, in terms of the judgement dated 04.06.2016. 5. It is averred in the petition that since the petitioner, among other officials, was discharged by the competent court in terms of the judgement supra, the respondent No.2 issued order No. JKSPDC/86 of 2017 dated 22.02.2017, vide which petitioner was reinstated from the date he was suspended subject to outcome of enquiry to be conducted by Enquiry Committee constituted vide order No. JKSPDC/69 of 2019 dated 17.02.2017. By virtue of the said order, it has been further held that the period of suspension shall be decided after conclusion of enquiry. 6. It is also averred in the petition that when the petitioner despite aforesaid order was not reinstated, he filed a writ petition bearing SWP No. 2066/2017, which was disposed of by directing the respondent No.5 to allow the petitioner to perform duties of his office as he has since been reinstated vide order dated 22.02.2017 issued by respondent No.2. In compliance of the said order, the petitioner was reinstated and was also given salary, but the pending salary and other arrears whatsoever were not paid to him nor was any enquiry conducted till date. The petitioner retired on 31.03.2018, but due to non-finalization of his pension case and non-conclusion of enquiry till the petitioner superannuated on 31.03.2018 and by now more than four years have lapsed and petitioner is without pension. 7. Learned counsel for the petitioner produced certain judgements and submitted that these judgements have been passed in writ petitions 3 WP(C) No. 1649/2022 filed by the employees who were also implicated in the same FIR in which petitioner herein was implicated. This Court while allowing the said writ petitions has directed the respondents to release retiral and other consequential benefits in favour of petitioners. One of the writ court judgements has been challenged in LPA No. 38/2023 c/w LPA No. 197/2023, which came to be dismissed by upholding the writ court judgement. 8. It is submitted by learned counsel for the petitioner that the writ petition on hand may be disposed of on the lines of judgements rendered by this Court in SWP No. 1954/2017 titled as “Aftab Ahmad Malik vs. State of J&K and Ors.”, and in SWP No. 1351/2017 titled as "Qazi Qamra-u-Din vs. State of J&K and Ors.,” as the subject matter of instant case is squarely covered by the said judgements. 9. Viewed in the above context, it will be futile to keep this writ petition pending on board and the same is, accordingly, disposed of, with a direction to the respondents to release the retiral along with all consequential benefits to which the petitioner is entitled to, within two months from the date copy of this order is made available to them. 10. Disposed of as above. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 25.07.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 28.08.2025 15:41