BILAL AHMAD BHAT AND ORS v. UNION TERRITORY OF J AND K (INDUSTRIES AND COMMERCE) AND ORS
WP(C)/1110/2025 · 2026-05-19
Sanjay Dhar
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 890 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 890 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 21 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (THROUGH VIRTUAL MODE)
Case: WP(C) No. 1110/2025 Date of Pronouncement: 19.05.2026 Uploaded on: 21.05.2026
Bilal Ahmad Bhat and others …Petitioner(s)/Appellant(s)
Through: Mr. Zahoor Jan, Advocate
V/s
UT of J&K and others ... Respondent(s) Through: Mr. Waseem Gul, GA
CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER (ORAL)
01. The petitioners claim to be the employees of Jammu and Kashmir Handloom Development Corporation who have retired on superannuation from the Corporation Services from time to time. According to the petitioners, they have not been paid their terminal benefits on account of the Leave Salary and other service benefits like 5th, 6th and 7th Pay Revision Arrears which also include COLA & DA arrears. The details of the service/pensionary benefits have been given in Annexure-1 to the writ petition.
02. The petitioners have sought a direction upon the respondents that they should be paid Leave salary, Arrears of 5th Pay Revision, Arrears of 6th Pay Revision, Arrears of 7th Pay Revision and un-paid monthly salary.
03. The respondents have filed their reply to the writ petition in which it has been submitted that they are fully aware of the liability accrued on account of gratuity, leave salary, 6th Pay Commission Arrears and 7th Pay Commission Arrears and have already taken upon the matter with the Administrative Department for
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release of funds. It has been submitted that the Administrative Department has recommended the case of the petitioners to the Finance Department which has released a sum of ₹115.00 lakhs subject to conditions laid down in Government
Order No. 45-F of 2002 dated 27.03.2002 which mandates 25% of the budgetary support is to be earmarked for meeting statutory liabilities of the respondent- Corporation.
04. It has also been submitted that an amount of ₹57.50 lakhs has been disbursed in compliance with the directions of this Court passed in case titled “Tahir Firdous Shawl versus B.V.R. Subrahmanyam and others.” Further, it is beingsubmitted that the respondents have been continuously representing before the Administrative Department regarding accrued liability on account of retired employees including the petitioners. The details of latest arrears statement have been indicated in Annexure-V to the reply.
05. Heard and considered.
06. From a perusal of the pleadings of the parties it is clear that there is no dispute about the fact that the respondents are liable to pay arrears of salaryin terms of the revised pay revisions and other terminal benefits to the petitioners. It is also not disputed that petitioners are employees of the respondent-Corporation. The only hindrance which the respondents have projected for not paying the dues of the petitioners is that they do not have enough funds to make the payment regarding which, they have already approached the Government.
07. Once the respondents have admitted the claim of the petitioners, the non- availability of the funds cannot afford a justification to the respondents to deny the claim of the petitioners. It is for the respondents to arrange the funds from whatever sources to clear the liabilities of the petitioners.
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08. In view of the above, the respondents are directed to clear the liabilities of the petitioners within a period of six months from today, failing which, the amount due to the petitioners shall carry interest @6% per annum from the date of filing of this writ petition till the realisation of the amount.
09.
Disposed of.
(SANJAY DHAR)
JUDGE Jammu 19.05.2026 AKHILESH
Whether the Order is speaking: Yes Whether the Order is reportable: No