Jammu & Kashmir High Court
Nazir Ahmed Wani vs Union Territory Of J&K on 18 July, 2025
Sr. No. 90
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Reserved on: 14.07.2025
Pronounced on: 18.07.2025
WP( C) No.2706/2024
CM No.6580/2024
1. Nazir Ahmed Wani, Age 67 years, ..... Petitioner(s)
S/O Shri Ghulam Hussain Wani
R/O H.No.4, Upper Paloura, Jammu.
2. Devinder Singh, Age 65years,
S/O Ajit Singh, R/O Ward No.2,
Simbal Camp, Nihalpur Simbal,
Tehsil R. S. Pura, District Jammu.
3. Narayan Parshad Wazir, Age 66 years,
S/O Late Sh. Amar Chand Wazir,
R/O Village Wazir Kotli,
Tehsil Bhaderwah, District Doda.
Through: Ms. Shivani Jalali, Advocate.
Vs
1. Union Territory of J&K ..... Respondent(s)
Through Secretary, Finance Department,
Civil Secretariat, Jammu.
2. Secretary to Govt.,
General Administration Department,
Civil Secretariat, Jammu.
3. Secretary to Govt.,
Cooperative Department,
Civil Secretariat, Jammu.
4. Registrar, Cooperative Societies J&K,
Bantalab, Jammu.
5. Additional Registrar,
Cooperative Societies (Liquidator),
JAKFED Bantalab, Jammu.
Through: Ms Priyanka Bhat, AC vice
Mrs. Monika Kohli, Sr. AAG for R-1 & 2.
Mr. Pawan Dev Singh, Dy. AG for R-3 to 5.
CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
JUDGMENT
01. Petitioners have invoked writ jurisdiction of this Court under Article 226
of the Constitution of India for the following reliefs:-
2 WP(C ) No.2706/2024
“a. Mandamus directing the official respondents to release retiral/
terminal benefits of the petitioners viz, Gratuity, CPF, Leave
Salary, the Sixth Pay arrears and other benefits.
b. Directing the official respondents to ward off the liability of its
employees, particularly after the organization, J&K Cooperative
Supply & Marketing Federation Ltd. (JAKFED, for short) has
been ordered to be wound up by government order, which has
already ascertained the assets and liabilities of the society and
eventually worked out and are now required to satisfy the claims
of petitioners with immediate effect.
c. Implement various directions given by the Hon‟ble Court for
clearing the gratuity, CPF, Leave Salary, the arrears of the sixth
pay commission and other terminal benefits of employees of said
federation with 18% interest and to issue such other directions
appropriate in nature and circumstances of the case for complete
justice.
02. The petitioners, in the instant petition claim to be retired employees of
Jammu & Kashmir Cooperative Supply & Marketing Federation Ltd. (for
short, “JAKFED”), which is stated have been wound up by the
Government, in terms of a decision taken, in the State Administrative
Council under No.133/15/2019 on 13.06.2019 and its registration came to
be cancelled. The Liquidator was appointed, who submitted a report of
assets and liabilities and retiral claims of its erstwhile employees. It is
stated that the retiral benefits of the petitioners consisting of Gratuity,
Earned Leave, CPF including interest thereof as well as the amount of
enhanced pay covered under 6th Pay Commission even though having
been worked out by the said Liquidator, have not been paid to the
petitioners ever since, the petitioners though retired prior to the winding
up of the JAKFED, compelled them to file the instant petition.
03. Petitioners have claimed following amounts of retiral benefits due to
them:-
Petitioner No.1 namely Shri Nazir Ahmed Wani
Gratuity = Rs.6,70,950/-
Earned Leave = Rs.3,75,840/-
3 WP(C ) No.2706/2024
Interest on gratuity and leave salary
from January 2015 to October 2024 = Rs.9,26,000/-
CPF = Rs.3,73,000/-
Interest on CPF upto August 2020 = Rs.4,44,300/-
6th Pay Commission = Rs.8,10,540/-
Total amount = Rs.36,00,630/-
Petitioner No.2 namely Shri Devinder Singh
Gratuity/Leave salary = Rs.5,34,200/-
Interest @ 9% on gratuity
from April 2017 to October 2024 = Rs.3,60,720/-
CPF = Rs.40,000/-
Interest on CPF from July 2007
to August 2020 = Rs.40,000/-
Total amount = Rs.9,74,920/-
Petitioner No.3 namely Shri Narayan Parshad Wazir
Gratuity = Rs.7,61,670/-
Leave salary = Rs.4,06,224/-
Interest on gratuity @ 9%
from July 2017 to October 2024 = Rs.7,36,000/-
CPF = Rs.4,27,327/-
Interest on CPF from 2017 to 2024 = Rs.3,82,571/-
th
6 Pay Commission with pending
arrears w.e.f. January 2006 to
30th September, 2012 (6 years & 9 months) = Rs.7,67,852/-
Total amount = Rs.34,81,644/-
04. Objections to the petition stand filed, wherein it is averred that the
petitioners, instead of availing the remedy of approaching the Court of
Registrar Cooperative Societies, J&K under Section 70 sub-section 1(b),
1(c) & 1(d) of the J&K Cooperative Societies Act of 1989, have directly
come to the High Court; that the petitioners have raised disputed
questions of fact, which cannot be adjudicated in this petition; that the
petitioners are claiming interest on the amount due to them which is not
possible in the present scenario due to the fact that the JAKFED ceased to
be functional since the date of its winding up as per the decision taken in
4 WP(C ) No.2706/2024the SAC meeting held on 13.06.2019; that the said decision was taken on
the ground that the JAKFED business went into losses and the JAKFED
was not even in a position to disburse salaries to its employees; that the
plea of the petitioners regarding payment of interest on the retirement
dues is not logical and hence denied; that petitioners claim 6th Pay
Commission arrears in the petition, as the management of the JAKFED
has implemented 6th Pay Commission notionally before 2012 and
financially after 2012 but it is a fact that the retirement dues of the
petitioners are prepared as per 6th Pay Commission pay scales but the
same are not disbursed to them along with other retirees due to the fact
that Crime Branch Jammu‟s clearance/NOC is still pending and it is the
pre-requisite as per the minutes of the meeting held on 03.02.2023 under
the Chairmanship of Chief Secretary and can be disbursed only after
receiving of the NOC/Clearance from the Crime Branch Jammu.
05. Heard learned counsels for the parties and perused the record.
06. In support of her case, learned counsel for the petitioners has relied upon
the judgments in the cases titled Prem Kumar Vs. UT of J&K & Ors
[WP(C) No.2279/2024 decided on 26.05.2025]; Amarjit Singh & Ors.
Vs. Union Territory of J&K & Ors. [WPC No.1914/2024 decided on
07.05.2025]; & Sanjeev Bhagat & Ors. Vs. UT of J&K & Ors. [WP(C)
No.2823/2023 decided on 14.11.2024], whereas learned counsel for the
respondents have argued that retiral benefits of the petitioners could not
be released due to clearance from the Crime Branch.
07. In Sanjeev Bhagat (supra), it was stand of the official respondents that
retiral benefits of the petitioner could not be released due to pendency of
investigation against him. However, the co-ordinate Bench relying upon
5 WP(C ) No.2706/2024
judgment delivered by learned Division Bench of this Court in a case
Ghulam Mohi-ud-Din Lone Versus State of J&K & Ors. reported as
2020 (6) JKJ 346, held that Government is obliged to release retiral
benefits of a public servant, notwithstanding the pendency of investigation
in an FIR. An identical view has also been taken by another Co-ordinate
Bench of this Court in Amarjit Singh (supra), in which Crime Brach was
investigating an FIR against the petitioner therein. In Prem Kumar
(supra), the only FIR lodged against the petitioner stands closed as „not
proved‟ and a closure report also stands disposed of by the concerned
Court after its approval by the Commissioner Vigilance.
08. Petitioners, in the present case, are on better footing because there is not
even a single FIR lodged against any of the petitioners herein and there is
also an admission on the part of the respondents that the petitioners,
instead of availing the remedy of approaching the Court of Registrar
Cooperative Societies under J&K Cooperative Societies Act of 1989, have
directly approached this Court and in so far as 6th Pay Commission arrears
are concerned, it is pleaded that the retirement dues of the petitioners are
prepared as per 6th Pay Commission pay scales but the same are not
disbursed to them along with other retirees due to the fact that Crime
Branch Jammu‟s clearance/NOC is still pending and it is the pre-requisite
as per the minutes of the meeting held on 03.02.2023 under the
Chairmanship of Chief Secretary and can be disbursed only after
receiving of the NOC/Clearance from the Crime Branch Jammu.
09. Having heard learned counsels for the parties, I am of the considered view
that the respondents have withheld the retiral benefits of the petitioners
6 WP(C ) No.2706/2024
without any lawful justification and it is violative of Articles 14, 16 and
21 of the Constitution of India.
10. In view of what has been discussed hereinabove, present petition is
allowed and the respondents are directed to release retiral benefits due to
the petitioners including arrears of 6th Pay Commission along with
applicable interest within a period of three months from the date, a copy
of this judgment is made available to them by the petitioners, failing
which, it shall carry simple interest @ 6 % per annum, till actual
realization of the dues.
11. Petition stands disposed of along with connected CMs.
( ( M A Chowdhary )
Judge
Jammu
18.07.2025
Narinder
Whether order is speaking? Yes.
Whether order is speaking? Yes.
Narinder Kumar
2025.07.18 02:32
I attest to the accuracy and
integrity of this document
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