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2026 DAILYLAW 3516 (JK)

J AND K PDD PDC I AND FC PENSIONERS ASSOCIATION THROUGH ITS PRESIDENT ALI MOHAMMAD BHAT v. STATE OF J AND K AND ORS. (GAD)

SWP/1877/2018 · 2026-10-01

Rajnesh Oswal

Special Leave Petitionbody2026

Judgment text

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06 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR SWP 1877/2018 J AND K PDD PDC I AND FC PENSIONERS ASSOCIATION THROUGH ITS PRESIDENT ALI MOHAMMAD BHAT ….. Petitioner(s) Through: Mr. B A Misri, Advocate. V/s STATE OF J AND K AND ORS. ….. Respondent(s) Through: Mr. Shahbaz Sikander, AAG Mr. Hakeem Aman, Dy. AG. Coram: Hon’ble Mr. Justice Rajnesh Oswal, Judge ORDER 01.10.2026 1. After losing earlier round of litigation, the petitioner has come up with this petition for declaring exception provided in 177(i) and 177-A of Civil Service Regulations, 1956 as ultra vires to the Constitution and also for quashing the Government Order dated 23.02.2012. 2. Learned counsel for the petitioner submits that though the SLP preferred by the petitioner was dismissed earlier in terms of order dated 27th January 2016 but liberty was granted to the petitioner-Association to work out their remedy in an appropriate manner before the appropriate Forum. He further submits that thereafter the petitioner submitted the representation with the respondents but the same has not been considered till date and he further submitted that respondents be directed to decide the same in accordance with law, the submission not opposed by Mr. Shahbaz Sikander, learned AAG and Mr. Hakeem Aman, learned Dy. AG. 3. In view of the above, the present petition is disposed of by directing the respondents to consider and decide the representation in accordance with law. Needless to say, that this Court has not examined the merits of the claims of the parties. (Rajnesh Oswal) Judge SRINAGAR 01.10.2026 Aasif