Page 1 WP(C) no.323/2026 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR ….. WP(C) no.323/2026 Union Territory of J&K and others ……. Appellant(s) Through: Mr Abdul Rashid Malik, Sr. AAG Versus Ikhlaq Bashir Shawl and another ……Respondent(s) Through: CORAM: HON’BLE MS JUSTICE SINDHU SHARMA, JUDGE HON’BLE MR JUSTICE SHAHZAD AZEEM, JUDGE O R D E R 23.02.2026 1. Union Territory of J&K through Commissioner/Secretary to Government, PWD (R&B Department) and others have invoked extra ordinary writ jurisdiction of this Court under Article 226 of the Constituti4on of India for quashing the Order dated 11th August 2025, passed by Central Administrative Tribunal, Srinagar in a case bearing OA no.867/2025, titled as Ikhlaq Bashir Shawl and another v. UT of J&K and others. 2. Respondents herein, working in R&B Department as Works Supervisors, felt aggrieved of the proposed refixation and exclusion of benefits under SRO 59 of 1990, which was previously granted to them after 1990, approached the S.no.6 Cause List Page 2 WP(C) no.323/2026 Tribunal by way of an application, viz. OA no.867/2025, seeking quashment of Circular dated 22nd April 2025, by which service benefits extended to them under SRO 59 of 1990 were sought to be withdrawn and pay scale of applicants/ respondents refixed. 3. The Tribunal, while considering the prayer of respondents and circular dated 22nd April 2025, vide which Drawing and Disbursing Officers were directed to refix the pay scale of the employees by withdrawing the benefits previously extended under SRO 59 of 1990, has directed petitioners herein to consider the claim of applicants/respondents herein for continuation of benefits granted to them under SRO 59 of 1990, by passing a reasoned and speaking order in accordance with applicable rules and law within a period of two months from the date of receipt of the copy of the said order. 4. Learned counsel for petitioners submits that this Court has already decided two similar matters, viz. WP(C) no.1730/2020 Deshbir Singh v. UT of J&K and others; and WP(C) no.2416/2024 titled as Sita Ram and others v. UT of J&K and others, wherein it has been held that the authorities are well within their rights to refix the pension or pay of its employees in accordance with their entitlement. It is also submitted by him that the Tribunal has erred in law by disregarding the fact that respondents never fell within the categories as are enumerated under Appendix 2A appended to the Rules of Page 3 WP(C) no.323/2026 1987 as amended by SRO 393 of 1997. He also states that the subject-matter of the present case has already been set at rest in Deshbir Singh (supra) wherein the learned Writ Court has held that the concerned authority is within its rights to refix the pension of its employees on the basis of last pay drawn after deducting the benefits granted under SRO 59 of 1990. It is also submitted that the case in hand is to be considered and impugned order of the Tribunal is to be set-aside in light of the judgements pronounced by the learned Single Judge in Deshbir Singh (supra) and the Division Bench in Sita Ram (supra). 5. The Division Bench of this Court in WP(C) no.2416/2024 titled as Sita Ram and others v. UT of J&K and others, has considered the entire issue of grant of benefits under SRO 59 of 1990 and in paragraph 13 has given a finding that nothing prevents an employer from correcting the mistakes by which higher pay scale is granted and that no employee, including one nearing his superannuation, is entitled to reap the benefit of an error committed by the employer while fixing the pay scale. 6. In the present case, since the only direction passed by the Tribunal is to consider the case of respondents for continuation of the benefits under SRO 59 of 1990, by passing a reasoned and speaking order in accordance with law, we, in view of the discussion made hereinbefore, deem it appropriate Page 4 WP(C) no.323/2026 to modify the impugned order of the Tribunal to the extent that the petitioners herein while considering the case of applicants/respondents herein shall also take into account the law laid down by this Court in WP(C) no.1730/2020 Deshbir Singh v. UT of J&K and others; and WP(C) no.2416/2024 titled as Sita Ram and others v. UT of J&K and others. With this modification, the present writ petition is disposed of. (Shahzad Azeem) (Sindhu Sharma) Judge Judge Srinagar 23.02.2026 Ajaz Ahmad, Secy