Safeer Ahmad Chatwal And Others vs HOME DEPARTMENT on 4 November 2026

1. Safeer Ahmad Chatwal, Age 35 years S/o Mohammad Sayeed R/o Chamkote Karnah, Kupwara. PID/ARP No. 106552.

2. Manzoor Ahmad, Age 30 years S/o Mohammad Abdullah R/o Dragger, Karnah, Kupwara. PID/ARP No. 106429

3. Altaf Ahmad, Age 36 Years. S/o Qaiser Din R/o Seemari, Karnah, Kupwara. PID/ARP No. 107761.

4. Pardeep Kumar, Age 35 years S/o Shri Rattan Lal R/o Biaspur, Parlah, Chakrohi, Jammu. PID/ARP No. 108089

5. Anzer Haroon, Age 35 Years S/o Haroon Ur Rashid R/o Karnah, Kupwara. PID/ARP No. 107788

6. Mohammad Jaffer Mir, Aged 39 years S/o Ghulam Rasool Mir R/o Waterwani Budgam Belt no.821/JKAP12th Security PID no 108449

7. Shabir Ahmad Rather Aged 33 years S/o Ab Gani Rather R/o Wari Pora Bangil Kunzer Belt no 787/IRP 3rd bn. PID no 108690

8. Mohd Hanief Malik Aged 38 years S/o Mohd Qasim Malik R/o Dadina Budgam Belt no 799/JKAP 11th security PID no 105937

9. Ishtiyaq Hussain Dar Aged 40 years S/o Ghulam Mohammad Dar R/o Paller Budgam Belt no 733/IRP 20th Bn. PID no 108443

10. Tanveer Ahmed Khan Aged 39 years S/o Farooq Ahmed R/o Kalaban Baramulla Belt No 771/IRP 18th Bn. PID No 108826

11. Shoba Choudhary Aged 33 years D/o Sh Bachan Lal R/o VPO Chak Salarian Samba Belt no 394/IRP 15th Bn. PID no 106404

12. Irshad Ahmed Malik Aged 41 years S/o Gh Mohd Malik R/o Sangri Colony Baramulla Belt No 681/JKAP 11th security PID no 108666

13. Syed Wajahat Khandy Aged 41 years S/o Abdul Aziz Khandy R/o Doru Anantnag Belt No 569/IRP 17th Bn. PID No 108768

14. Nisar Ahmad Bhat Aged 39 years S/o Gh Ahmad Bhat R/o Khaloora Kulgam Belt no 422/IRP 24th bn. PID No 108766

15. Adil Majeed Wani Aged 38 years S/o Abdul Majeed Wani R/o Ugij- Balan Nowgam Shangus Belt no 779/IRP 19th bn. PID no 108773

16. Talib Hussain Badana Aged 35 years S/o Lal Din Badana R/o Hachmarg Belt No 275/JKAP 6th Bn. PID no 109212

17. Ruken Din Bajard Aged 36 years S/o Taj Din Bajard R/o Haffhrada Belt no 545/JKAP12th Bn. PID no 109065

18. Pervaiz Ahmad Boken Aged 40 years S/o Hakim Din R/o Nachiyan

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Karanah Belt No 301/IRP 1st bn. PID No 105966

19. Safeer Ahmed Badana Aged 36 years S/o Gh Rubani Badana R/o Nachiyan Karanah Belt No 624/JKAP 12th Security PID No 109064

20. Safeer Ahmed Aged 41 years S/o Suraj ud din tunch R/o Dringla Karnah Belt no 656/JKAP 12th Bn. PID no 108323

21. Ravees Ahmed koka Aged 41 years S/o Koka Matha Choker R/o Nawa Gabra Karnah Belt No 255/IRP 14th Bn. PID No 108373

22. Mohmad Maqbool Butt Aged 42 years S/o Ghulam Ahmad Butt R/o Boniyar Uri Belt No 659/IRP 13th Bn. PID No 108816

23. Hilal Ahmad Dar Aged 37 years S/o Ab Khaliq Dar R/o Peth Makhama Budgam Belt No 463/IRP 8th Bn. PID No 108883

24. Mohd Shafi Mir Aged 41 years S/o Ghulam Mohammad R/o Rampora Boniyar Belt No 436/IRP 13th Bn. PID No 108856

25. Zahoor Ahmad Aged 33 years S/o Ab Aziz Bhat R/o Lalpora Lolab Kupwara Belt No 762/IRP 18th Bn. PID No 109751

26. Showkat Ahmed Aged 38 years S/o Gh Qadir Dar R/o Bandipora Belt No 754/IRP 16th Bn. PID No 109703

27. Nazir Ahmed Dar Aged 38 years S/o Gh Rasool Dar R/o Handwara Kupwara Belt No 248/ IRP 17th Bn. PID no 108709

28. Mohd Iqbal Malik Aged 39 years S/o Ali Mohd Malik R/o Waterwani Budgam Belt No 399/IRP 14th Bn. PID No 105994

29. Ali Hussain Ganai Aged 42 years S/o Mohd Akbar Ganai R/o Wahab Pora Budgam Belt No 711/IRP 14th Bn. PID No.106077

30. Asif Ali Mir Aged 35 years S/o Gulzar Ahmed Mir R/o Hasanabad Rainawari Sgr Belt No 485/IRP 14th Bn. PID No 106072

31. Ashiq Hussain Wani Aged 38 years S/o Gh Hyder Wani R/o Manhama Magam Belt No 879/IRP 7th Bn. PID No 107793

32. Javaid Hussain Aged 33 years S/o Gh Hussain R/o Balhama Srinagar Belt No 386/IRP 7th Bn. PID No 106252

33. Ali Mohd. Dar Aged 38 Years S/o Gh. Hassan Dar R/o Balhama Srinagar Belt No 326/IRP Ist Bn PID No 105718

34. Rayees Ahmad Malik Aged 33 years S/o Gh Mohd Malik R/o Zandpal Tangmarg Belt No. 351/IRP 9th bn. PID No. 108780

35. Latief Ahmed Kambay Aged 38 years S/o Gh. Mohammad Kambay R/o Larkipora Baramulla Belt No.18/SSG PID No. 108793

36. Bashir Ahmed Dar Aged 38 years S/o Ghulam Mohd Dar R/o Hanjik Budgam Belt no 722/IRP 16th Bn. PID No 108792

37. Syed Mohammad Shah Aged 43 years S/o Syed Ali Shah R/o Goom Ahmed Pora Belt No 483/IRP 3rd Bn. PID no 108445

38. Peer Umer Nazir Aged 35 years S/o Nazir Ahmed Peer R/o Rawathpora Tangmarg Belt No 220/IRP 9th Bn. PID No 108655

39. Javid Ahmad Malik Aged 39 years S/o Gh Nabi Malik R/o Ferozpora Tangmarg Belt No.584/IRP 13th Bn. PID No.109720

40. Fairooz Ahmad Mir Aged 36 years S/o Mohd Akbar Mir R/o Meeripora Berwah Belt No 541/IRP 9th Bn. PID No 108844

41. Javid Ahmad Dar Aged 41years S/o Gh Nabi Dar R/o Wadwan

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Budgam Belt No. 361/IRP 17th Bn. PID No 108809

42. Satish Kumar Bhat Aged 41 Years S/o Late Bansi Lal Bhat R/o Jagti Colony Nagroota Jammu Belt No. 848/Jkap 4th Security PID No 106913

43. Sunil Kumar Aged 38 years S/o Omprakash R/o Darsopur Rs Pora Jammu Belt No.37/Zaphq Jammu PID No 109767

44. Mohd Jehangir Aged 34 years S/o Late Mohd Shafi Dohi R/o Gundi Gujjran Karnah Belt No 438/IRP 13th Bn. PID No 109702

45. Mohd Fareed Gujar Chachi Aged 38 years S/o Bashir Ahmed Gujar R/o Zehan Pora Boniyar Belt No. 196/IRP 8th Bn. PID No 106332

46. Shameem Ahmed Khan Aged 35 years S/o Abdul Quyoom Khan R/o Hanjiwera Bala Pattan Belt No.237/IRP 8th Bn. PID No 106400

47. Tahir Ahmed Wani Aged 34 years S/o Mohammad Lateef R/o Jagir Sopore Baramulla Belt No. 623/IRP 3rd Bn. PID No 106512

48. Mohd Qasim Wani Aged 39 years S/o Mohammad Abbas Wani R/o Goom Ahmedpora Pattan Belt No 486/Jkap 11th Security PID No 108441

49. Mohamad Yaseen Dar Aged 38 years S/o Ali Mohammad Dar R/o Hard Panzoo Khansahib Belt No. 512/IRP 20th Bn. PID No 107333

50. Showkat Ahmed Dar Aged 36 years S/o Gulam Qadir Dar R/o Banyari Shrkel Belt No. 754/IRP 16th Bn. PID No 109703

51. Manzoor Hussain Aged 37 years S/o Ali Akbar R/o Nelhew Kathua Belt No. 522/Jkap 13th Bn. PID No 108805

52. Rasheeda Akther Aged 35 years D/o Abdul Jabar Mir R/o Bulgam Sopore Belt No. 814/Jkap 5th Bn. PID No 106144

53. Fatima Hassan Aged 34 years D/o Ghulam Hassan Pandith R/o Ussan Khoie Pattan Belt No.380/IRP 17th Bn. PID No 106143

54. Iram Khan Aged 40 years D/o Bashir Ahmed Khan R/o Hmt Zainakot Srinagar Belt No. 583/IRP 3rd Bn. PID No 108123

55. Shaheena Bano Aged 36 years D/o Mohammad Abdullah Najar R/o Chattibdndi Bandipora Belt No. 382/IRP 17th Bn. PID No 106296

56. Arshid Ahmad Baba Aged 38 years S/o Abdul Rahman Baba R/o Gilli Kadal Zoonimar Belt No. 625/Jkap 5th Bn. PID No 108432

57. Feroz Ahmad Ganaie Aged 39 years S/o Mohd Ashraf Ganaie R/o Kani Dever Hawal Srinagar Belt no. 859/Kug PID No 108682

58. Shabir Ahmad Sheikh Aged 38 years S/o Gh Mohammad Sheikh R/o Saiwan Lolab Kupwara Belt No. 799/Jkap 13th Bn. PID No 108719

59. Nazir Ahmad Mir Aged 37 years S/o Habib-U-Llah Mir R/o Hangan Handwara Belt no. 396/IRP 17th Bn. PPID No 109695

60. Sajad Ahmad Wani Aged 37 years S/o Gh Ahmad Wani R/o Zawoora Srinagar Belt no. 495/Jkap 9th Bn. PID No 108434

61. Umer Yousuf Wani Aged 33 years S/o Mohd Yousuf Wani R/o Bakshi Pora Srinagar Belt No. 221/IRP 9th Bn. PID No 108438

62. Latif Ahmad Bhat Aged 38 years S/o Gh Mohd Bhat R/o Gurdi Maqsood Chadoora Belt No. 623/Jkap 5th Bn. PID No 108433

63. Ishtiaq Ahmad Aged 36 years S/o Abdul Majeed Khan R/o Kandi

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Karnah Kupwara Belt no. 760/IRP 16th Bn. PID No 109706

64. Ab Hamid Sofi Aged 37 years S/o Gh Mohi Ud Din Sofi R/o Sheeri Baramulla Belt No. 623/Kug. PID No 108818

65. Aashaq Hussain Gashroo Aged 37 years S/o Ghulam Qadir R/o Khawaja Bagh Baramulla Belt No. 397/IRP 17th Bn. PID No 108637

66. Farooq Ahmad Magry Aged 40 years S/o Mohd Ramzan Magry R/o Tirch Kupwara Belt No. 279/Jkap 14th Bn. PID No 108695

67. Ab Rashid Kumar Aged 39 years S/o Mohammad Shaban R/o Rohama Rafiabad Belt no. 145/IRP 6th Bn. PID No 108825

68. Zahoor Ahmad Dar Aged 37 years S/o Gh Mohmad Dar R/o Tujan Pulwama Belt No. 412/Jkap 5th Bn. PID No 108662

69. Showkat Ahmad Wani Aged 37 years S/o Gulam Mohi Ud Din Wani R/o Udder Khud Lassipora Budgam Belt no. 626/IRP 16th Bn. PID No 108442

70. Showkat Ahmad Tantry Aged 36 years S/o Mohammad Sultan Tantry R/o Dahama Kupwara Belt No. 303/Jkap 14th Bn. PID No. 108710

71. Fayaz Ahmad Parray Aged 38 years S/o Gh Nabi Parray R/o Bakhipora Rafiabad Belt no. 273/Jkap 14th Bn. PID No 108739

72. Javed Ahmad Bhat Aged 38 years S/o Mohd Sulaman Bhat R/o Wussan Bangil Baramulla Belt No. Ministry Of External Affairs GoI Delhi PID No. 107468

73. Ghulam Hussain Dar Aged 42 years S/o Ghulam Mohi Ud Din Dar R/o Wahabpora Budgam Belt No. 374/IRP 6th Bn. PID No. 108210

74. Kamal Kumar Aged 40 years S/o Sadar Mal R/o Nanga Samba Belt No. 20/Zaphq Jammu PID No. 108051

75. Suheel Ahmed Malla Aged 40 years S/o Ab Karim Malla R/o Wahid Pora Laar Ganderbal Belt No. 525/Jkap 9th Bn. PID No. 106458

76. Maqbool Hussain Rather Aged 40 years S/o Gh Mustafa Rather R/o Resipora Athoora Barmulla Belt No. 469/Jkap 12th Security PID No. 109207

77. Saraj Ul Din Aged 41 years S/o Mohd Ramzan R/o Shallala Gondhu Doda Belt No. 533/Jkap 9th Bn. PID No 109641

78. Mir Mohammad Mustafa Aged 35 years S/o Abdul Rashid Mir R/o Malbagh Srinagar Belt No. 575/3rd Security PID No 108437

79. Mansoor Ahmed Dar Aged 41 years S/o Gh Mohd Dar R/o Delina Baramulla Belt No. 574/IRP 19th Bn. PID No 108231

80. Ajaz Ahmad Bhat Aged 37 years S/o Ab Aziz Bhat R/o Sonerwani Bandipora Belt no. F-32/IRP 9th Bn. PID No. 108592

81. Nazir Ahmad Bhat Aged 38 years S/o Bashir Ahmad Bhat R/o Dharmunah Budgam PID No. Meg 109630

82. Reyaz Ahmad Sheikh Aged 38 years S/o Ab Gani Sheikh R/o Gampora Berwah Belt No. 752/Jkap 12th Security PID No 109697

83. Amraz Koka Aged 35 years S/o Ab Hamid Koka R/o Kandi Karnah Kupwara Belt No. 116/Jkap 13th Bn. PID No. 109685

84. Mohammad Ayoob Mir Aged 35 years S/o Ghulam Mohammad Mir R/o Kehnoosa Bandipora Belt No. 395/IRP 17th Bn. PID No. 109694

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85. Ishfaq Rashid Mir Aged 33 years S/o Ab Rashid Mir R/o Kehnoosa Bandipora Belt No. 342/IRP 17TH Bn. PID No 109707

86. Manzoor Ahmad Bhat Aged 37 years S/o Abdul Gani Bhat R/o Kuligam Lolab Kupwara Belt No. 696/IRP 18th Bn. PID No 109218

87. Mushtaq Ahmad Wani Aged 38 years S/o Gh Hassan Wani R/o Kalaroose Madmadow Belt No. 178/IRP 11th Bn. PID No S109202

88. Rouf Ahmad Gashi Aged 40 years S/o Gh Nabi Gashi R/o Nagam Chadura Budgam Belt No. 781/Jkap 3rd Security PID No 109724

89. Raiees Ahmad Dar Aged 37 years S/o Ab Rashid Dar R/o Delina Baramulla Belt no. 241/IRP 23th Bn. PID No 109636

90. Manzoor Ahmad Aged 37 years S/o Mohd Ishaq R/o Budwan Karnah Kupwara Belt No. 236/IRP 21th Bn. PID No 109700

91. Mohd Amin Aged 38 years S/o Mohammad Shafi Lone R/o Garoora Bandipora Belt No. 607/IRP 16th Bn. PID No 108763

92. Zahoor Ahmad Dar Aged 37 years S/o Mohd Jaffar Dar R/o Zoorigund Budgam Belt No. 442/IRP 22ND Bn. PID No 106315

93. Irshad Hussain Rather S/o Ghulam Hussain Rather R/o Ichigam Budgam Belt No. 700/Ap12th Bn. PID No 106316

94. Syed Zulfkar Ali S/o Syed Karim Hyder R/o Noorkhah (Syed Mohalla) Belt No. 712/IRP 7TH Bn. PID No 106303

95. Nazir Ahmad Sheikh S/o Gh. Mohd Sheikh R/o Sholipora Budgam Belt No.310/IRP 19Th Bn. PID No. 106396

96. Mohd Mudassir Pir S/o Pir Habibullah R/o Lattishat Bomai Baramulla Belt No. 437/IRP 19TH Bn. PID No. 106501

97. Javeed Iqbal Wani Aged 35 years S/o Abdul Ahad Wani R/o Machil Kupwara Belt No. 507/IRP 22ND Bn. PID No. 106451

98. Gh. Hassan Lone S/o Zerdulla Lone R/o Mandian Nagan Keran Kupwara Belt No. 454/IRP 22 Bn. PID No. 106460

99. Mumtaz Hussain Shah S/o Yamin Shah Aged years R/o Panjtran Teh Tangdhar Belt No.620 /IRP 22ND Bn. PID No. 106435

100. Mudasir Ahmad Ganaie S/o Gh. Nabi Ganie R/o Nagam Chadura Belt No. 711/IRP 22ND Bn. PID No 106355

101. Imtiyaz Ahmad Dar S/o Mohd Maqbool Dar R/o Douligund Rafiabad Baramulla Belt No. 293/IRP 19th Bn. PID No. 105878

102. Farooq Ahmad War S/o Sonaullah War R/o Salamabad Uri Belt No. 270 IRP 19Th Bn. PID No 106444

103. Farooq Ahmad Najar S/o Ab Hamid Najar R/o Safapora Ganderbal Belt No. 597 /Jkap 11th Security PID No. 106455

104. Arif Jan S/o Khazir Mohd Rather R/o Haigam Sopore Baramulla Belt No. 492/ IRP 22ND Bn. PID No 106488

105. Imran Ali Khan S/o Sardar Mohammad Khan R/o Khore Sherabad Pattan Baramulla Belt No. 415/IRP 22ND Bn. PID No. 107416

106. Mushtaq Ahmad Lone S/o Ab. Subhan Lone R/o Kralgund Qaziabad Kupwara Belt No. 538/IRP 22ND Bn. PID No. 106499

107. Mohd Dilawar Mir S/o Mohd Hamza Mir R/o Tujarsharief Bomai Sopore Baramulla Belt No 430/IRP 22ND B. PID No. 107738

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108. Reyaz Ahmad Wani Aged 37 years S/o Mohd Ibrahim Wani R/o Zoorigund Budgam Belt No. 767/IRP 2ndBn PID No.106577

109. Hilal Ahmad Rather S/o Ab. Majid Rather R/o Archanderhama Teh. Singhpora Baramulla Belt No. 502/IRP 22 Bn. PID No. 106506

110. Javid Ahmad Mir S/o Ab. Aziz Mir R/o Bugna Noorkhah Boniyar Baramula Belt No. 428/IRP 22Bn. PID No. 105768

111. Nisar Ahmad Bhat S/o Gh. Mohd Bhat R/o Watapora Bandipora Belt No. 934/ IRP 19th Bn. PID No. 108032

112. Ab Majd Bhat S/o Ab. Gani Bhat R/o Binner Baramulla Belt No. 266 /IRP 19Th Bn. PID No.106246

113. Gulfaraz Khan S/o Samiullah Khan R/o Gutli Bagh Ganderbal Belt No. 248/ IRP 19th Bn. PID No.106456

114. Ghulam Murtaza S/o Iftakhar Hussain R/o Paran Pillan Uri Baramulla Belt No. 327/IRP 19th Bn. PID No. 106360

115. Abid Ahmad Reshi S/o Gh. Nabi Reshi R/o Sempora Panthachowk Srinagar Belt No. 743/IRP 22nd Bn. PID No.106475

116. Imtiyaz Ahmad Sheikh S/o Gh. Rasool R/o Nagri Malpora Kupwara Belt No. 328/ IRP 22Nd Bn. PID No.106424

117. Khursheed Ahmad S/o Gh Mohi U Din R/o Khushipora Rafiabad Baramulla Belt No. 315/ IRP 23RD Bn. PID No.106325

118. Shaheen Maqbool S/o Mohammad Maqbool Ganie R/o Aragam Bandipora Belt No. 775 /IRP 19th Bn. PID No.108036

119. Amanullah Bhat S/o Ab. Khaliq Bhat R/o Lattishat Bomai Baramulla Belt No. 245/IRP 16th Bn. PID No.108988

120. Shabir Ahmad Bhat S/o Mohd Sultan Bhat R/o Machil Kupwara Belt No.491/ IRP 22ndBn PID No. 106452

121. Showkat Ahmad Allayee Aged 36 years S/o Gh. Nabi Allayee R/o Daharmunah Budgam Belt No. 369 PID No. 109633

122. Mohammad Ayaz Sheikh, Aged 35 Years S/o Mohd Din Sheikh R/o Malhar, Kathua. Belt No. 428 IRP 16TH Bn. PID NO. 108600.

123. Nisar Ahmad Dar, Age 39 Years S/o Mohammad Yosuf Dar R/o Kripalpora, Payeen, Pattan, Baramulla. Belt No. 525 IRP 3rd Bn. PID No. 107749.

124. Kifayat Hussain Khan, Age 40 Years S/o Ghulam Rasool Khan R/o Matipora, Pattan, Baramulla. Belt No.785 IRP 5th Bn. PID No. 108151.

125. Abid Ali Dar, Age 38 Years S/o Ali Mohammad Dar R/o Kawari, Handwara, Kupwara. Belt No. 644 IRP 18TH Bn. PID 108325

126. Sajad Mohi-ud-Din Malla, Age 38 Years S/o Ghulam Mohi-ud-din Malla Behrapora Sopore, Baramulla. Belt No.923 IRP 20th Bn. PID No. AARP/108154.

127. Reyaz Ahmad Chopan, Age 36 Years S/o Noor Din Chopan R/o Sheerpora, Pattan, Baramulla. Belt No.252/IRP 9TH. PID No. ARP /108888.

128. Naseer Ahmad Wani, Age 37 years S/o Abdul Rashid Wani R/o Sheerpora, Pattan, Baramulla. Belt No.770/IRP 9TH. PID No. ARP/108824.

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129. Ashaq Nabi, Age 35 Years S/o Ghulam Nabi Dar R/o Ranger, Chadoora, Budgam. Belt No.07/APCR PID No. 109721.

130. Inayat Hussain, Age 35 Years S/o Ghulam Ahmad Najar R/o Mirgund, Budgam. Belt No. 600/JKAP 11th Security PID No. 108440.

131. Khursheed Ahmad Reshi, Age 43 Years S/o Mohammad Shabhan Reshi R/o Checki-Sardar, Baghi-Hyder, Chadoora, Budgam. PID No. 109753

132. Jahaneer Ahmad Parray Age 34 Years S/o Ab. Hamid Paarrау R/o Suliman, Tangdar, Karnah, Kupwara. PID. No. ARP/109701

133. Mashkoor Ahmed, Age 35 Years S/o Ghulam Haider Khan R/o Kandi, Karnah, Kupwara. PID. NO. ARP/107760.

134. Maneer Ahmad, Age 34 Years S/o Mohammad Misri Paswal R/o Baghballa, Karnah, Kupwara. PID. NO. ARP/107876.

135. Aftab Ahmad, Age 36 years S/o Nazir Ahmad R/o Nachiyal, Karnah, Kupwara. PID No.ARP/106420.

136. Amrays Ahmad Badana, Age 34 Years S/o Nazir Ahmad Badana R/o Nachiyal, Karnah, Kupwara PID NO. ARP/105778 ................ Applicant(s).

By Advocate: - Mr. Lone Altaf.

Versus

1. Government of Jammu and Kashmir through Commissioner cum Secretary to Government Home Department, Civil Secretariat Jammu/Srinagar.

2. Director General of Police J&K, Srinagar/Jammu.

3. Inspector General of Police Armed, J&K, Srinagar.

4. Deputy Inspector General IRP, Kashmir Range .............. Respondents.

By Advocate: - Mr. Rais ud din Ganaie, DAG.

ORDER

(Final)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)

The applicants have filed the instant O.A. way back in the year 2023 and sought the following reliefs:

a. Allow this Original application by directing the respondents to grant same and similar benefit to the Applicants on the same analogy the others candidates/batch mates who stand appointed by or before 31.12.2009.

b. By directing the respondents to extend and govern the service

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benefits of the Applicants in terms of pension rules which were applicable to the government employees on 31st December 2009 and not by the SRO 400 dated 24.12.2009. That the respondents may be further directed to release all consequential service benefits in favor of the petitioner in terms of unamended rules as were in force till 31.12.2009.

c. Any other, order or direction which this Hon'ble Court may deem fit in the circumstances of the case may also be passed in favor of the applicants and against the respondents in the interest of justice and equity

2. The brief facts of the case, as stated in the O.A., are that the applicants were selected for appointment as Constables in the 16th, 17th, 18th, 19th and 20th Indian Reserve Police (IRP) Battalions pursuant to an Advertisement Notice DIPJ No. 6966 dated 07.02.2009, which invited applications from permanent residents of Jammu and Kashmir in the pay scale of Rs. 2750-70-3800-75-4400, along with allowances. The applicants claim to have fulfilled the prescribed eligibility criteria and, after participating in the selection process and qualifying the requisite tests, were selected in their respective districts in the year 2009.

3. It is further averred that the applicants were provisionally selected and appointed as Constables in the aforesaid IRP Battalions through separate appointment orders, in the pay scale of Rs. 5200- 20200 with grade pay of Rs. 1800. The applicants were selected and appointed in their respective home districts, including Kupwara, Budgam, Baramulla and Jammu, and were subsequently transferred to different battalions. It is added that they joined the department pursuant to their respective appointment orders and have since been discharging their duties diligently, without any adverse remarks in their service records.

4. Learned counsel for the applicants submitted that although the

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recruitment process was initiated pursuant to a common advertisement for recruitment of approximately 600 Constables in 05 (five) IRP Battalions, and the selection, medical examination and verification formalities were undertaken jointly and before the relevant cut-off date, i.e., 31.12.2009, their formal appointment orders were issued after the said date. He submitted that the other candidates selected through the same recruitment process were issued appointment orders on or before 31.12.2009 and were consequently governed by the un-amended pension rules, whereas the applicants have been brought under the amended pension scheme introduced vide SRO 400 dated 24.12.2009. He further submitted that the delay in issuing their formal appointment orders was attributable to the respondents and that they ought not to be deprived of pensionary benefits on that account.

5. It is further stated that the applicants, in true sense, had been selected and appointed by the concerned headquarters/recruitment board before the passing of the amended pension rules, and that the subsequent issuance of appointment orders by the respective Commandants resulted in differential treatment among candidates selected through the same process. The applicants rely upon appointment orders issued in favour of similarly situated candidates on or before 31.12.2009.

6. The applicants further aver that the respondents had initially applied the amended pension rules to Constables who joined service after 31.12.2009. However, the said action was challenged before

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the Hon’ble High Court of Jammu and Kashmir, whereby the Hon’ble High Court directed the respondents to treat the applicants therein in terms of the un-amended rules, and as stated, in pursuance of the same, the respondents have governed and implemented those judgments and regulated the services and extended the pension of applicants therein in terms of the un-amended rules. The applicants also rely upon a judgment passed by this Tribunal in an identical matter, along with the consequential orders issued by the respondents, in support of their claim for similar treatment.

7. As stated, the applicants are similarly situated to the Constables who have been extended the benefit of the un-amended pension rules, as the advertisement, selection process and other recruitment formalities were common to all of them.

8. It is contended that the applicants are being deprived of such benefits on account of some days delay on which their formal appointment orders were issued, and the same is arbitrary and violative of Articles 14 and 16 of the Constitution of India. It is further averred that repeated requests made by the applicants for being governed by the un-amended pension rules, at par with similarly situated Constables, have not been acceded to by the respondents.

9. Learned counsel for the applicants submits that the respondents have created two classes of employees out of persons recruited through the same selection process, granting pensionary benefits to one group while denying the same to the other. He submits that employees holding identical posts and selected through

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the same recruitment process ought not to be treated differently in the matter of service benefits, particularly when the delay in issuance of the formal appointment orders was beyond their control.

10. It is further averred that the applicants had participated in the recruitment process with the legitimate expectation of receiving pensionary benefits upon retirement and that the respondents cannot deprive them of such benefits merely because their formal appointment orders were issued after the relevant cut-off date. They also contend that the applicants were selected on the basis of merit, yet candidates allegedly lower in merit have been extended the benefit of the un-amended pension rules, while the applicants have been denied the same.

11. In summary, the grievance as projected by the applicants is, therefore, that despite having been selected through the same recruitment process as other Constables who have been extended the benefit of the un-amended pension rules, they are being governed by the amended pension rules introduced vide SRO 400 dated 24.12.2009, solely on account of the subsequent issuance of their formal appointment orders. The applicants have, therefore, approached this Hon’ble Tribunal seeking appropriate reliefs.

12. The matter came up for consideration before this Court on 11.09.2023, whereby notices were issued upon the respondents, and they were directed to file their response within six weeks. During the proceedings, the reply stood filed by the respondents. On 10.09.2026, learned counsel for the applicant was directed to provide case law on

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the subject and the matter was reserved for orders.

13. Perusal of the case law submitted by learned counsel for the applicants reveals that the Hon’ble High Court of J&K and of other States as well as the Hon’ble Apex Court have delivered the observations in identical matters to consider the eligible candidates for grant of Old Pension Scheme. In this regard, learned counsel for the applicants has submitted the following case law:

1. Mohammad Yousuf Wagay & Ors. v. State of J&K & Ors. (SWP No. 2648/2017);

2. Amarendra Kumar v. Union of India (WP(C) No. 10028/2009 in High Court of Delhi);

3. Naveen Kumar Jha v. Union of India & Ors. (WP(C) No. 3827/2012 in High Court of Delhi);

4. Sajad Ahmad Lone & Ors. v. State of J&K & Ors. (SWP No. 1712/2017)

5. Abdul Rouf Khawaja & Ors. v. State & Ors. (SWP No. 1852/2012)

6. U.T. of J&K & Ors. v. Javid Hussain Dar & Ors. (WP(C) No. 208/2025)

14. Thereafter, on 22.10.2026, the matter was listed in the column FOR BEING SPOKEN TO. It was observed that while dictating the order, learned counsel for the respondents submitted a Government Order No. 305-F of 2026 dated 28.09.2026, in terms whereof, the controversy, agitated through this O.A, appears to have been resolved. As such, again the matter was reserved for orders.

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15. Perusal of the Government Order No. 305-F of 2026 dated 28.09.2026 reveals that the same has been issued by the Finance Department, Government of Jammu & Kashmir, with reference to Council of Ministers Decision No. 129/11/2026 dated 10.09.2026, whereby one-time option for coverage under the Defined Pension Scheme (Old Pension Scheme) is granted to the Government Employees of Jammu & Kashmir who have been appointed against posts/vacancies advertised/notified for recruitment prior to the notification of the Defined Contribution Pension Scheme (New Pension Scheme), issued vide SRO-400 dated 24.12.2009 and who are presently covered under the New Pension Scheme on joining service on or after 01.01.2010. The extension of benefit is subject to fulfillment of certain conditions prescribed in the aforesaid Government Order.

16. It is provided in the Government Order that the eligible Government employee is required to exercise the said option within a stipulated period of 03 (three) months from the date of issuance of the Government Order, i.e., on or before 28.12.2026. The option, once exercised, shall be final. The prescribed option form is enclosed with the Government Order as Annexure-A and is required to be submitted to the concerned Drawing and Disbursing Officer, who shall forward the same to the Head of Department/Appointing Authority, who shall thereafter forward the case to the concerned Administrative Department. The concerned Administrative Department is required to scrutinize each case and determine the

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eligibility of the employee for coverage under the Old Pension Scheme and issue the necessary orders within one month.

17. It is also averred in the Order that upon an eligible employee being brought under the Old Pension Scheme, the NPS account shall consequently be closed and the employee shall be required to subscribe to the General Provident Fund. It further lays down the procedure for accounting of the corpus in the NPS account, including adjustment of the employee's contribution, the Government's contribution and the increased value of subscription on account of appreciation of investments. The Government Order stipulates that the entire exercise, from the date of exercise of the option to closure of NPS account, shall be completed within 120 days from the date of issuance of the order by the concerned Administrative Department. It further provides that, where any doubt arises as to whether a post was advertised or appointment made falls within the ambit of the Government Order, the matter shall be referred to the Finance Department, whose decision thereon shall be final and binding on all concerned.

18. Upon the foregoing perusal of the Order, it is clear that the grievances of the applicants stand addressed, as the applicants are now provided a mechanism for consideration of their claims for coverage under the Old Pension Scheme, subject to fulfillment of the conditions mentioned in the aforesaid Order.

19. Having taken into consideration the contents of the O.A. along with the Government Order provided by the respondents, the O.A. is

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taken up for its disposal.

20. The instant O.A. is disposed of by providing that the applicants shall be at liberty to exercise the option in the prescribed form within the period stipulated under the aforesaid Government Order No. 305- F of 2026 dated 28.09.2026. After exercising of such option by the applicants, the respondents shall consider the claims of the applicants for coverage under the Old Pension Scheme in accordance with the aforesaid Government Order, and the rules and regulations applicable thereto, however, subject to fulfillment of the eligibility conditions prescribed therein, and if there is no legal impediment.

21. Accordingly, O.A. No. 709/2023 is disposed of along with all connected M.A.s, if any.

22. No order as to costs.

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

Abhishek Punia Court Master

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