Jammu and Kashmir High Court
WP(C)/1587/2026 of SANJEEV MONA Vs UT OF J AND K TH. COMMISSIONER SECETARY POWER DEVELOPMENT DEPARTMENT, JAMMU AND OTHERS on 2 June 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1587/2026 Sanjeev Mona …..Petitioner Through: Mr. Vilakshan Singh, Advocate Vs UT of J&K & Ors. .…. Respondents Through: CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (02.06.2026) 01. The petitioner, while
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1587/2026
Sanjeev Mona
…..Petitioner
Through: Mr. Vilakshan Singh, Advocate
Vs
UT of J&K & Ors.
.…. Respondents
Through:
CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
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ORDER
(02.06.2026)
01. The petitioner, while being in state of suspension in terms of an order No. 130-MD/JPDCL of 2025 dated 09.09.2025, came to apply to the respondent No. 2, i.e., his employer, with an application for sanction of Non- Refundable G.P. Fund of Rs. 5 lakh in his favour by submitting an application dated 16.12.2025 in response whereto, the requisite inputs from the establishment are in favour of the petitioner that under dispensation of General Provident Fund (Central Services) Rules, 1960 related to withdrawal from the fund (including Non- Refundable withdrawals) being governed by the provisions of General Provident Fund (Central Services) Rules, 1960, there is no express provision Serial No. 61 Supplementary List-1
debarring an employee under suspension from seeking or being considered for advance or withdrawal from the fund.
02. The petitioner is finding himself in a state of suspense by inaction on the part of the respondent No. 2 to take a final call on the matter thereby constraining him to come to this Court with the present petition bearing grievance relatable to pending request for sanction of non- refundable General Provident Fund-(G.P.F) of Rs. 5 lakh and also for enhancement of his Subsistence Allowance from 50% being payable as on date to 75% on account of completion of six months of suspension period.
03. This Court is of the view that this writ petition can admit of its disposal at its very inception stage, without causing prejudice to the other side by directing the respondent No. 2-Jammu Power Distribution Corporation Limited through its Managing Director, to consider the matter with respect to said two prayers of the petitioner and take a final call by or before 30.06.2026 by passing an order in writing bearing reasons.
04. Accordingly, this writ petition is disposed of with a direction to the respondent No. 2 to consider the petitioner’s plea for sanction of non-refundable G.P.F.
amount of Rs. 5 lakh and also for increase of Subsistence Allowance from 50% to 75% in view of continuing suspension of the petitioner from service.
05. A certified copy of this order to be provided by the petitioner to the Managing Director of respondent No. 2 against receipt whereupon time shall start running for the Managing Director to act in compliance.
06. The writ petition is accordingly, disposed of.
(RAHUL BHARTI) JUDGE JAMMU
02.06.2026
SUNIL