Jammu and Kashmir High Court

SWP/1877/2018 of J AND K PDD PDC I AND FC PENSIONERS ASSOCIATION THROUGH ITS PRESIDENT ALI MOHAMMAD BHAT Vs STATE OF J AND K AND ORS. (GAD) on 1 October 2026

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.

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

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