Union Territory Of J&K Through vs Bashir Ahmad Tantray on 6 May, 2026

    0
    26
    ADVERTISEMENT

    Jammu & Kashmir High Court – Srinagar Bench

    Union Territory Of J&K Through vs Bashir Ahmad Tantray on 6 May, 2026

    Author: Sanjeev Kumar

    Bench: Sanjeev Kumar

                                                                                Serial No. 12
                                                                              REGULAR CAUSE LIST
    
                                    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                                    AT SRINAGAR
    
                                                     WP(C) No. 3189/2025
                                                       CM 8584/2025
    
                             1.Union Territory of J&K through
                             Commr/Secretary to Govt. Public
                             Engineering (PHE) Department
                             Civil Sectt. Srinagar.
    
                             2.Chief Engineer (Jal Shakti) Public
                             Health Engineering Department
                             Kashmir.
    
                             3.Executive Engineer (Jal Shakti)
                             Ferozpora Basin Irrigation Division
                             Tangmarg                                             ...Petitioner(s)
    
                             Through: Mr. Jahingeer Ahmad Dar, GA
    
                                                             Vs.
    
                              1. Bashir Ahmad Tantray
                                 S/O: Abdul Razak Tantray
                                 R/O: Shirpora Bangil Pattan
                                 Teshil & District Baramulla
    
                              2. Principal Accountant General
                                 (A&E) J&K Srinagar, th. Its Sr.
                                 Accounts Officer, PNR-1.
                                                                                ...Respondent(s)
    
                             Through:     Mr. L.A. Latief, Advocate for R-1.
                                          Mr. Irshad Ahmad, Advocate for R-2.
    
                              CORAM:
                                        HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE.
                                        HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE.
                                                      ORDER (ORAL)

    06.05.2026

    Per: Sanjeev Kumar-J:

    SPONSORED

    01. Impugned in this petition filed by the Union Territory of

    J&K and two others invoking Article 226 of the Constitution of

    MIR ARIF MANZOOR India is an order and judgment dated 03.03.2025, passed by the
    I attest to the accuracy and
    authenticity of this document

    08.05.26
    WP(C) No. 3189/2025 Page 1
    Central Administrative Tribunal, Srinagar Bench, [“the Tribunal”]

    in OA No. 160 of 2025 titled “Bashir Ahmad Tantray Vs. Union

    Territory of J&K and Ors.” whereby the Tribunal has allowed the

    OA filed by the respondent No. 1 herein and directed the

    petitioners herein to release the retrial/pensionary benefits in

    accordance with Rules, particularly in the light of the order dated

    27.09.2023 passed in OA No. 592/ 2023 titled “Mehraj-ud-Din and

    Ors. Vs. Union Territory of J&K and Ors.” and OA No. 117 of 2024

    titled “Ghulam Ahmad Malla Vs. Union Territory of J&K and

    Ors.” decided on 12.02.2025.

    02. In essence, the Tribunal allowed the OA by issuing the

    following directions:-

    (i) That respondents shall not recover any excess
    amount paid to the applicants during their service
    or after their superannuation.

    (ii) That the respondents shall pay all the retiral
    benefits to the appellants without deducting the
    benefit extended to them under SRO 59 of 1990.

    03. The impugned judgment has been challenged by the

    petitioners primarily on the ground that the Tribunal failed to

    appreciate that the benefit of SRO 59 of 1990 has been extended

    to the respondent No. 1 erroneously that too at a time when the

    said SRO already stood repealed.

    04. It is submitted that the respondent No. 1 herein having

    been granted benefit of two in-situ promotions in terms of SRO
    MIR ARIF MANZOOR
    I attest to the accuracy and
    authenticity of this document

    08.05.26
    WP(C) No. 3189/2025 Page 2
    14 of 1996, was otherwise not entitled to the up-gradations

    envisaged under SRO 59 of 1990. It is thus argued by Mr.

    Jahingeer Ahmad Dar, learned Government Advocate

    appearing for the petitioners, that the petitioners committed no

    illegality in correcting the mistake and ordering recovery of the

    excess amount.

    05. Per contra, Mr. L.A. Latief, learned counsel appearing

    for the respondent No. 1, would argue that the respondent No. 1

    was entitled to the benefit of SRO 59 of 1990, which of course

    was granted to him belatedly. He would submit that even if it is

    assumed that the benefit of SRO 59 of 1990 was wrongly

    extended to the respondent No. 1 yet no recovery can be made

    from him after his superannuation in view of the law laid down

    by the Hon’ble Supreme Court in the case titled “State of

    Punjab and Ors. Vs. Rafiq Masih“, (2015)4 SCC 334.

    06. Having heard learned counsel for the parties and

    perused the material on record, we are of the considered

    opinion that the issue involved in this petition for determination

    is no longer res-integra. This Court has already considered this

    issue in numerous cases and has categorically held that though

    the recoveries from Class-III and Class-IV employees on account

    of wrongful benefits derived by them during their service or

    after their superannuation may not be permissible in view of the

    MIR ARIF MANZOOR
    law laid down by the Hon’ble Supreme Court in Rafiq Masih’s,
    I attest to the accuracy and
    authenticity of this document

    08.05.26
    WP(C) No. 3189/2025 Page 3
    yet there is nothing that comes in the way of the employer to

    correct the wrong and refix the pay or pension after correcting

    such wrong.

    07. The judgment passed by this Court on 4th April, 2025 in

    WP(C) No. 2416/2024 titled “Sita Ram and Ors. Vs. Union

    Territory of J&K and Ors.” and the judgment passed by this

    Court in a batch of petitions with the lead case being WP(C) No.

    936/2025 titled “Union Territory of J&K and Ors. Vs. Maqbool

    Sheikh” decided on 6th March, 2026 has settled the position

    beyond a shadow of discussion.

    08. In view of the aforesaid, the judgment passed by the

    Tribunal deserves to be upheld insofar as the recovery from the

    respondent No. 1 is concerned but needs to be modified to the

    extent it prevents the petitioners herein from correcting the

    mistake for future and re-fix the salary or pension of the

    respondent No. 1. Ordered accordingly.

    09. The petitioners herein shall be well within their right to

    correct the mistake of granting the benefit of SRO 59 of 1990 in

    favour of the respondent No. 1 and re-fix the salary/pensionary

    benefits as the case may be, by withdrawing the benefit of SRO

    59 of 1990 erroneously extended to the respondent No. 1.

    10. With the aforesaid modification, the judgment

    impugned is upheld and this petition is disposed of
    MIR ARIF MANZOOR
    I attest to the accuracy and
    authenticity of this document

    08.05.26
    WP(C) No. 3189/2025 Page 4
    accordingly. The amount, if any, so far recovered from the

    respondent No. 1, shall be refunded to the respondent No. 1

    within a period of two months.

                                               (SANJAY PARIHAR)     (SANJEEV KUMAR)
                                                    JUDGE               JUDGE
                             SRINAGAR:
                             06.05.2026
                             "Mir Arif"
    
                                        (i)     Whether the order is reportable? Yes/No.
                                        (ii)    Whether the order is speaking? Yes/No.
    
    
    
    
    MIR ARIF MANZOOR
    I attest to the accuracy and
    authenticity of this document
    
    08.05.26
                             WP(C) No. 3189/2025                                     Page 5
     



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here