Sonaullah mir vs PUBLIC WORK DEPARTMENT R AND B on 31 December 2024

1. Sonaullah Mir, age: 62 years S/o: Ghulam Ahmad Mir R./o: Hanora, District Baramulla, PIN CODE-193101

2) Abdul Salam Dar, Age: 61 years S/o: Abdul Ahad Dar R/o: Johana District Kupwara PIN CODE-193222

3) Fayaz Ahmad Mir, Age: 62 years S/o: Ab. Subhan Mir R/o: Odora, Qalama-Abad, District Kupwara PIN CODE-193222

4) Naseema Begum, Age: 61 years W/o: Ali Mohd. Teli R/o: Chagul, Handwara, District Kupwara PIN CODE-193222

5) Gul Bhat, Age: 61 years S/o: Hayat Bhat R/o: Drugmulla, District Kupwara

6) Gh. Rasool Ganie, Age: 61 years S/o: Gh. Mohd. Ganie R/o: Drugmulla District Kupwara PIN CODE-193222

7) Gani Mir, Age: 61 years S/o: Mohammad Mir R/o: Waderbala, District Kupwara PIN CODE-193222

8) Bashir Ahmad Bhat, Age: 62 years S/o: Habib Bhat R/o: Budmulla, District Baramulla PIN CODE-193101

9. Gh. Hassan Dar, Age: 62 years S/o: Ab. Ahad Dar R/o: Fatehpora, District Baramulla PIN CODE-193101

10) Bashir Ahmad Sheikh, Age: 61 years S/o: Gh. Nabi Sheikh R/o: Buglobagh, Baramulla

PIN CODE-193101

11) Mohd. Yousuf Gante, Age: 62 years S/o: Mohad Ganie R/o: Bahipora, District Kupwara PIN CODE-193222

12) Gh. Nabi Parray, Age: 62 years S/o: Gh. Mohi-ud-Din Parray R/o: Pandach District Ganderbal. PIN CODE-191201

13) Ab. Rashid Peer, Age: 61 years S/o: Mohd. Yasin Peer R/o: Rednag, Lalpora, District Kupwara PIN CODE-193222

14) Autar Krishan Koul, Age: 62 years, S/o: Jia Lal Koul R/o: Kalosa Bandipora PIN CODE-193502

………. Applicants By Advocate: Mr. S. A Qadiri, Advocate for applicants.

VERSUS

1) Union Territory of J&K through Commissioner / Secretary to Govt. R&B Kashmir, Civil Secretariat, Srinagar PIN CODE 190001 Email ID: jkpwdrb.nic.in

2) Chief Engineer, R&B (PWD), Kashmir, Srinagar PIN CODE - 190001 Email ID: jkpwdrb.nic.in

3) Chief Engineer, North Circle, Baramulla. PIN CODE-193101, Email id jkpwdrb.nic.in

4) Superintending Engineer, R&B, District Baramulla, PIN CODE- 193101, Email ID: jkpwddrb.nic.in.

5) Executive Engineer, R&B, Division Handwara, District Kupw tra, PIN CODE-193222 Email ID: jkpwdrb.nic.i

6) Executive Engineer, R&B Division Baramulla. PIN CODE-193101, Email id jkpwdrb.nic.in

7) Executive Engineer, R&B, Division Tangdhar, District Kupwara, PIN CODE-193222 Email ID: jkpwdrb.nic.in

8) Executive Engineer, R&B, Division Pattan, District Baramulla, PIN CODE 193101, Email ID: jkpwdrb.nic.in

9) Executive Engineer, R&B, Division Kralpora, Kupwara, PIN CODE- 193222

10) Executive: Engineer, R&B, Division Sumbal PIN CODE Sonawari, District Bandipora, 193502, Email ID: jkpwdrb.nic.in

11) Executive Engineer, R&B, Division Gurez, District Bandipora, PIN CODE 193502, Email ID: jkpwdrb.nic.in

12) Principal Accountant, General, (A&E), J&K, Srinagar/Jammu Email ID: www.agjk.nic.in. PIN CODE-190001

13) Deputy Accountant General (Pension) J&K, Srinagar. Email ID: www.agjk.nic.in PINCODE 190001

14) Senior Accounts Officer, Srinagar. PIN CODE - 190001

…..Respondents By Advocate :- Mr. Waseem Gul, GA, for respondents

O R D E R (ORAL) Hon’ble Member (A), Prasant Kumar

1. Learned Counsel for both the parties are present.

2. Learned counsel for the applicants has submitted that the applicants were initially working as Daily Wagers and their services have been regularized prior to the year 1993, in R&B Department as Class IV employees. They have been placed in a lower grade and the Government upgraded the pay scales of lower paid employees, vide SRO No. 59 of 1990. The applicants were granted the benefit of the said SRO 59 of 1990, on the directions of the Hon’ble High of J&K. After the retirement of the applicants, the respondents started the process to recover the amount paid to the applicants under SRO 59 of 1990, on the pretext that the applicants have drawn excess pay during their service. The learned Counsel for the applicants has submitted that T.A No. 120/2024, before the Central Administrative Tribunal, Srinagar Bench, Srinagar filed by similary situated employees, came to be decided by virtue of order dated 10.10.2024. The Division Bench of Central Administrative Tribunal Srinagar Bench held as follows:- “ 08. Without commenting upon the main merits or otherwise of the case and at the request of learned counsel for the petitioner, the matter is disposed of by providing that whatever action the respondents propose to take against the petitioners, the same shall be in accordance with the law and keeping in view the mandate of the judgment passed by the Division Bench of the Hon’ble High Court in the case of Jamsheed

Ahmad Khan V. UT of J&K and Ors, and the case cited above (Supra), if the judgments hold the field as on date and if the applicants are squarely covered and if there are no impediments..”

3. The learned counsel for the applicants has submitted that it will suffice, if the respondents are directed to consider the claim of the applicants in accordance with the judgment passed by the Division Bench of Central Administrative Tribunal, Srinagar, on 10.10.2024 in TA No. 120/2024, within a stipulated period.

4. Mr. Waseem Gul, GA, appeared for respondents.

5. Heard and considered the material available on record.

6. In view of the limited prayer made by the learned Counsel for the applicants, the respondents are directed to consider the claim of the applicants for release of their pensionery benefits and on recoveries from them. For both, the respondents will strictly adhere to the judgment passed by the Division Bench of Central Administrative Tribunal, Srinagar Bench on 10.10.2024 in TA No. 120/2024, if the applicants are similarly situated employees of the department and if there are no impediments, within a period of two months from the date of receipt of a certified copy of this order.

7. With this, OA No: 991/2024 is disposed of accordingly. No orders as to costs.

PRASANT KUMAR

Member(A)

JAGDISH SINGH

31.12.2024