mushtaq ahmad bhat vs PUBLIC WORK DEPARTMENT R AND B on 31 December 2025

ORDER

(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.):- Through the medium of the instant O.A., the applicant has sought for the following

SHUBHAM SHARMA

reliefs:

a. Accept this original OА.

b. To release the pension of the applicant/petitioner along with gratuity and allied benefits in favour of the applicant/petitioner as already settled by the parent Department as reflected in the service book of the applicant/petitioner.

c. The respondents be also directed to settle the pension case of the applicant/petitioner in terms of law laid down by this Hon'ble Tribunal upheld by Hon'ble Division Bench of the Hon'ble High Court at Srinagar and also Hon'ble Apех Court of the Country.

d. Not to accord any effect to the impugned order of the applicant/petitioner issued Vide Order No. PNR-I- S2/251767/2025-26/1035-39 dated 25-08-2025 and release the pension in favour of the applicant/petitioner which is already settled by the Parent Department and same is indicated in the service record of the applicant/petitioner.

e. The pension case of the applicant/petitioner be settled as per the last pay drawn by him. The applicant/petitioner be regularized on the post of Executive Engineer with retrospective effect and to settle the pensionary benefits along with release of gratuity and other allied service benefits in his favour.

f. To release the pension of the applicant/petitioner as per the settlement already made as reflected in the service book of the applicant/petitioner.

2. As stated in the O.A. and submitted by learned counsel for the applicant, Mr. L. A. Latief, the applicant is a Graduate Engineer, who entered Government service initially as Junior Engineer pursuant to Government Order No. 105-PW of 1994 dated 28.02.1994 in the pay scale of ₹1400-40-1800-EB-50-2300. Prior to his regular appointment, the applicant had served as a Stipendiary Engineer in terms of Government orders issued in that regard, as

SHUBHAM SHARMA

reflected from the entries made in his service book.

3. Learned counsel for the applicant submits that the applicant was appointed as Junior Engineer (Civil), Grade-II, on regular- temporary basis in the pay scale of ₹1400-2300 and joined his duties in Construction Division-I, Srinagar on 01.03.1994 (FN). The said fact stands duly recorded in the service book of the applicant.

4. Learned counsel for the applicant further submits that after joining the service, the applicant discharged his duties with utmost sincerity and dedication and to the complete satisfaction of his superior officers. It is further submitted that the applicant was promoted from time to time in accordance with the applicable rules and his service record remained unblemished throughout.

5. It is stated in the O.A. that the applicant ultimately came to be promoted as In-charge Executive Engineer on 05.04.2023 in Level-8A with the pay scale of ₹50,700-1,06,100/-, and as stated the said fact is also reflected in the service book maintained by the respondents themselves.

6. It is contended in the O.A. that despite the applicant having rendered long, continuous and satisfactory service spanning nearly three decades and having been promoted to the post of In-charge

SHUBHAM SHARMA

Executive Engineer, certain service benefits accruing to him under the relevant rules have not been accorded, compelling the applicant to approach this Tribunal for redressal of his grievances.

7. Heard.

8. At the request of learned counsel for the applicant, the instant O.A. is taken up for its disposal.

9. The O.A. is disposed of by providing that the respondents shall treat this O.A. as representation and decide the same in accordance with law, keeping in view the entitlements of the applicant and the merits of the case. The above exercise shall be done by passing of a speaking order within a period of eight weeks from the date a certified copy of this order is served upon the respondents. Needless to mention that this Court has not expressed any opinion on the merits or otherwise of the case.

10. Accordingly, O.A. No. 1504/2025 is disposed of along with all connected M.A.s, if any.

(M.S. Latif) Member (Judl.)

Shubham Sharma 31.12.2025

SHUBHAM SHARMA