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2026 DAILYLAW 1775 (JK)

UNION TERRITORY OF J AND K AND OTHERS (JAL SHAKTI / PHE) v. ABDUL RAZAQ LONE AND OTHERS

WP(C)/1617/2026 · 2026-07-13

A, Mohd Yousuf Wani

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 01 REGULAR CAUSE LIST HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1617/2026 CM(4227/2026) Union Territory of J&K and Ors. …Petitioner(s) Through: Mr. Jahingeer Ahmad Dar, GA Vs. Abdul Razaq Lone & Others ...Respondent(s) Through: CORAM: HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDER 13.07.2026 01. Impugned in this petition filed by the Union Territory of J&K and Ors under Article 226 of the Constitution of India is an order and judgment dated 15th May, 2025 passed by the Central Administrative Tribunal (CAT), Srinagar Bench, [“the Tribunal”] in OA No. 1515/2021 titled “Abdul Razaq Lone and Ors. Vs. Union Territory of J&K and Ors.”, whereby the Tribunal has issued a direction to the petitioners herein to consider the case of the respondents for release of their retiral benefits in accordance with the applicable Rules, particularly in the light of order dated 27th September, 2023, passed in OA No. 592/2023 titled “Mehraj- Ud-Din and Ors. Vs. Union Territory of J&K and Ors.” provided the respondents are similarly situated and there is no legal impediment. 02. Learned counsel appearing for the petitioners would submit that the issue which was subject matter of debate in OA MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 13.07.26 No. 1515/2021 has already been decided by this Court in number of judgments, including the Division Bench judgment passed by this Court in LPA No. 119/2022 titled “Union Territory of J&K and Ors. Vs. Deshbir Singh and Anr.” as well as the judgment dated 4th April, 2025 passed in WP(C) No. 2416/2024 titled “Sita Ram and Ors. Vs. Union Territory of J&K and Ors.“. 03. In view of the aforesaid stand taken by the learned counsel for the petitioner and the legal position on the point having already been settled by this Court, let the case of the respondents in terms of the impugned judgment be considered in the light of the aforesaid judgments of this Court, wherein it has been unequivocally held that the petitioners shall not be entitled to recover any amount already paid to the respondents on account of any erroneous order(s), but they shall be at liberty to rectify the mistake, if any, and refix the pension and other retiral benefits strictly in accordance with law. 04. The petition is accordingly disposed of. (Mohd Yousuf Wani) (Sanjeev Kumar) Judge Chief Justice (Acting) SRINAGAR: 13.07.2026 “Mir Arif” MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 13.07.26