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2025 DAILYLAW 9894 (JK)

RAKESH KUMAR MAHAJAN AND ANOTHER v. UT OF J AND K TH FINANCIAL COMMISSIONER FINANCE DEPARTMENT JAMMU AND OTHERS

LPA/256/2025 · 2025-10-27

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 S. No. 4 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through Virtual Mode) LPA No.256/2025 in [WP(C) No.1987/2025] CM No.6756/2025 RAKESH KUMAR MAHAJAN AND ANOTHER …Petitioner/Appellant(s) Through: Mr. Karan Sharma, Advocate. Vs. UT OF J AND K TH.FINANCIAL COMMISSIONER FINANCE DEPARTMENT JAMMU AND OTHERS ...Respondent(s) Through: Ms. Monika Kohli, Sr. AAG for R 1 to 3. Mr. Deewakar Sharma, Dy.AG for R 4 and 5. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR JUSTICE RAJNESH OSWAL, JUDGE O R D E R 27.10.2025 1. This appeal is directed against the order dated 01.09.2025 passed in WP(C) No.1987/2025 whereby the learned Writ Court has directed the respondents to release the gratuity of Rs.20,00,000/- in favour of the appellants within a period of three months from the date a certified copy of the order is served upon the respondents and failure to do so within the stipulated period, would result into payment of interest at the rate of 6% per annum to the appellants. 2. The appellants have challenged the order supra only to the limited extent that interest @ 6% per annum was required to be paid to the appellants from the date the amount of gratuity became due to the appellants and not on the failure of the respondents to release the amount within a period of three months as mentioned above. 2 3. Notice. 4. Notice waived by Ms. Monika Kohli, learned Sr. AAG, and Mr. Deewakar Sharma, learned Dy.AG, on behalf of the respondents 1 to 3 and 4 & 5 respectively. 5. With the consent of learned counsel for the parties, this appeal has been heard and taken up for final disposal. 6. The order impugned depicts that the appellants/petitioners had filed the petition for commanding the respondents to release the admitted amount of gratuity in their favour along with the interest. 7. Learned Dy.AG, representing the respondents 4 and 5 before the learned Writ Court made a statement that the appellants are entitled to the gratuity amount. Once the liability in respect of payment of gratuity to the appellants is admitted by the respondents, the respondents are under obligation to pay amount along with interest @ 6% per annum from the date the payment of gratuity became due to the appellant till actual disbursement of the amount in favour of the appellants. 8. Accordingly, the order dated 01.09.2025 is modified to the extent that the amount of Rs.20,00,000/- shall be released in favour of the appellants along with interest @ 6% from the date, the amount of Rs.20,00,000/- became due to the appellants till the amount is paid to them. 9. Disposed of. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 27.10.2025 Ishaq Whether the order is speaking Yes / No Whether approved for reporting Yes / No