Serial No. 39 SUPPL. CAUSE LIST-I HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1339/2026 CM(3599/2026) Caveat 765/2026 Union Territory of J&K and Anr. …Petitioner(s) Through: Mr. Jahingeer Ahmad Dar, GA Vs. Ghulam Nabi Hajam & Others. ...Respondent(s) Through: Mr. Aswad R Attar, Advocate CORAM: HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDER 01.07.2026 01. The controversy involved in this petition is squarely covered by the judgment passed by this Court in case titled “Sita Ram and Ors. Vs. Union Territory of J&K and Ors.” in WP(C) No. 2416/2024 and “Karan Kumar Vs. Union Territory of J&K and Ors.” in WP(C) No. 3034/2024 decided on 4th April, 2025. 02. In view of the law laid down by this Court in the aforesaid judgments as also in the subsequent judgments on the subject, most of which have been upheld by the Hon’ble Supreme Court by dismissing the SLPs, this petition is partially allowed and the impugned judgment passed by the Tribunal is modified to the extent that the petitioners shall be free to correct the error committed by them by erroneously extending the benefit of SRO 59 of 1990 in favour of the respondent No. 1 and, accordingly, refix MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 02.07.26 the pay and all post-retiral benefits. However, the amount already received by the respondent No. 1 shall not be recovered. 03. Disposed of. (Mohd Yousuf Wani) (Sanjeev Kumar) Judge Chief Justice (Acting) SRINAGAR: 01.07.2026 “Mir Arif” MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 02.07.26