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:
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
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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
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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,
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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
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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
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