Jammu and Kashmir High Court
WP(C)/2355/2025 of MOHD KABIR Vs UT OF J AND K TH COMMISSIONER SECRETARY POWER DEVELOPMENT DEPARTMENT JAMMU AND OTHERS on 1 September 2025
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No.2355/2025 Mohd. Kabir …..Appellant(s)/Petitioner(s) Through: Mr. Intikhab Hussain Shah, Advocate. q vs UT of J&K & Ors. .…. Respondent(s) Through: Mr. Raman Sharma, AAG. Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI,
HIGH COURT OF JAMMU & KASHMIR AND LADAKHAT JAMMU
WP(C) No.2355/2025
Mohd. Kabir
…..Appellant(s)/Petitioner(s) Through: Mr. Intikhab Hussain Shah, Advocate. vs q UT of J&K & Ors.
.…. Respondent(s)
Through: Mr. Raman Sharma, AAG.
Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
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ORDER
01.09.2025
01. A claim petition came to be preferred by the petitioner, way back in the year 2017 and vide award dated 26.02.2022, passed by the Commissioner under the Employees Compensation Act, 1923 (Assistant Labour Commissioner), Jammu [“ALC, Jammu”], a compensation to the tune of Rs.11,35,513/- came to be awarded in favour of the petitioner and against respondent No.3 on the basis of 100% loss of earning capacity and Executive Engineer, Electrical Maintenance and RE Division Poonch was directed to deposit the award amount within 30 days, failing which, interest @12% p.a. is attracted on the award amount till actual realization.
02. Vide order dated 12.09.2024, ALC, Jammu directed District Collector (Deputy Commissioner), Jammu to recover and deposit the award amount as arrears of land revenue from the Executive Engineer, Electrical Maintenance and RE Division, Poonch for disbursement to the petitioner. However, on 28.10.2024, Tehsildar Recovery, Jammu forwarded the recovery case of the petitioner to Deputy Commissioner, Poonch as the amount to be recovered from the Electric Division fell under the jurisdiction of District Poonch. Vide order dated 06.11.2024, Assistant Commissioner (Rev), Poonch requested Tehsildar Haveli to initiate the recovery process as per the Land Revenue Act and collect the award amount from Executive Engineer Electrical Maintenance and RE Division Poonch.
03. The short grievance projected by the petitioner in the present petition is that he has failed to get the award amount despite lapse of considerable time.
04. Having regard to the limited nature of controversy, the present petition is disposed of with a direction to Deputy Commissioner (Collector), Poonch and Tehsildar Haveli, Poonch to look into the matter, recover the award amount and pay the same to the petitioner within a period of two months from the date a copy of this order is made available.
05. Disposed of.
(Rajesh Sekhri)
Judge
Jammu01.09.2025Eva