Sr. No. 19 Regular List IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 2251/2025 CM No. 5958/2025 Mushtaq Ahmad Padder …Petitioner (s) Through: Mr. M Saleem Parray, Adv. Vs UT of JK and Ors. …Respondent(s) Through: Mr. Jahangir Ahmad Dar, GA. CORAM: HON’BLE MR JUSTICE RAHUL BHARTI, JUDGE O R D E R 15.09.2025 01. This writ petition is disposed of by determining the impugned order not as a final order without there being final decision coming forth from the Chief Engineer, Jal Shakti Department (PHE), Kashmir who was one of the respondents in writ petition WP(C) No. 511/2022 in which vide order dated 22nd March, 2022, the writ respondents came to be directed to take an appropriate decision with regard to paying to the petitioner such an amount as is admittedly payable strictly in accordance with the terms and conditions of the contract and the order of the allotment. 02. The mandate of the direction in terms of order dated 22nd March, 2022 was not meant to be usurped by the Executive Engineer, Jal Shakti Department (PHE), Bijbehara, Anantnag as he is subordinate to Superintending Engineer who in turn is subordinate to Chief Engineer as being the head of the department and therefore, the final words in the case/matter ought to have come forth from none else than the Chief Engineer, Jal Shakti Department (PHE) Kashmir. 03. Accordingly, the impugned order dated 22nd March, 2022 is reckoned to be not a final order and to that extent the writ petition is allowed with the direction to the Chief Engineer, Jal Shakti Department (PHE), Kashmir to consider the case of the petitioner for the purported claim of the admitted liability amount for the work done vis-à- vis the recitals made by the Executive Engineer, Bijbehara, Anantnag and take a final call by bearing in mind the cost and effect of the final decision be it in favour or against the petitioner and also the financial implications which for earning a claim of payment of Rs. 9,86,075/- the system is made to suffer being burdened on the public exchequer as well when a litigation gets stretched in a relation to adjudication of orders passed from the concerned Administrative Authority in mechanical manner in negating the claim/s of such nature. 04. Disposed of. 05. Chief Engineer, Jal Shakti Department (PHE), Kashmir to consider and dispose of the matter within a period of three months from the date a copy of this order is delivered by Mr. Jahangir Ahmad Dar, learned GA, to the Chief Engineer, Jal Shakti Department (PHE), Kashmir. (RAHUL BHARTI) JUDGE SRINAGAR 15.09.2025 “Shamim Dar”