Jammu & Kashmir High Court
Balbir Singh & Ors vs Ut Of J&K & Ors on 3 March, 2025
Sr.No.27
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case: WP(C) No. 2299/2022
CM No. 6274/2022
Balbir Singh & Ors. ....Petitioner(s)/Appellant(s)
Through :- Mr. Irfaan Khan, Advocate
V/s
UT of J&K & Ors. ....Respondent(s)
Through :- Mr. Rajesh Thappa, AAG
Coram: HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
ORDER
03.03.2025
1. Petitioners have invoked writ jurisdiction of this Court under Article 226
of the Constitution of India, primarily, for issuance of appropriate direction to
the respondents for release of pending arrears of 6th Pay Commission in terms of
Government Order No. 92 of 2009 dated 24.04.2009 and 7th Pay Commission in
terms of Government Order No. 278-F of 2018 dated 06.06.2018 with pending
instalments of COLA pursuant to Order dated 16.06.2011 along with interest for
delay in payment of arrears.
2. Mr. Irfaan Khan, learned counsel for the petitioners has relied upon order
dated 02.07.2013 passed by this Court in “Gurdeep Singh Soodan & Ors. vs.
State & Ors.” (SWP No. 1458/2011) and being similarly situated, claims parity.
2 WP(C) No. 2299/2022
3. Learned counsel for the petitioners, in addition to the above, has also
placed on record a couple of orders passed by this Court in “Darshan Kumar &
Ors. vs. UT of J&K & Ors.” [WP(C) No. 2020/2022 dated 31.07.2024] and
“Vinod Koul & Ors. vs. UT of J&K & Ors.” [WP(C) No. 1590/2022 c/w
WP(C) No. 2860/2022 dated 20.09.2024], those came to be disposed of by
this Court on the same lines. Copy of these orders are taken on record.
4. Learned counsel for the petitioners has also drawn attention of this Court
to communication dated 27.01.2022 issued by Managing Director, JKHHC,
Jammu, whereby an amount of Rs. 4,11,921/- came to be disbursed to the
Ex-employees of the Corporation on account of retirement benefits.
5. Mr. Rajesh Thappa, learned counsel for the respondents is not averse to
disposal of the present petition on the same lines.
6. With the consent of learned counsels for the parties, the present petition is
admitted to hearing and is disposed of with a direction to the respondents to
consider the claim of the petitioners strictly as per law for fixing and releasing
the revised pay structure in terms of Government Order No. 92 of 2009 and also
release the arrears of 6th and 7th Pay Commission within a period of two months
from the date copy of this order is made available to them, provided the
petitioners are similarly situated.
7. Disposed of along with connected CM(s).
(RAJESH SEKHRI)
JUDGE
Jammu:
03.03.2025
Meenakshi
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