Jammu & Kashmir High Court – Srinagar Bench
Mubarak Ahmad Padder And Anr vs Zubair Ahmad And Ors on 8 August, 2025
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Serial No. 9
Regular List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCP(S) No. 144/2024 in
SWP No. 224/2009
Mubarak Ahmad Padder and Anr.
..... Appellant/petitioner(s)
Through: -
Mr. Sheikh Mushtaq, Advocate
V/S
Zubair Ahmad and Ors.
..... Respondent(s)
Through: –
Mr. Hakim Aman Ali, Dy. AG
CORAM:
HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
(ORDER)
08.08.2025
01. By this petition, petitioners have alleged non-compliance of
order passed by this Court on 01.09.2016 in SWP No.
224/2009. Para 3 of the said order being relevant is reproduced
as under:-
” 3. Since the petitioners were agitating the matter and not
slept over the matter, denial of arrears from 01.04.1995
and granting the benefit notionally that too without any
basis cannot be sustained, hence the impugned order
holding the petitioners entitled to stepping up of the pay
from 01.04.1995 to 19.05.2008 notionally is set aside and
respondents are directed to pass fresh orders for stepping
up of the pay scale of the petitioners from 01.04.1995.
Necessary orders are directed to be passed by the
Secretary, CAPD Department within a period of eight
weeks.”
02. There is a clear direction to the respondents to pass fresh orders
for stepping up of the pay scale of the petitioners from
01.04.1995. However, in the compliance report dated
11.07.2025, it is stated that a detailed consideration order has
Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document
been passed in terms of Government order No. 52 -JK
(FCS&CA) of 2025 dated 12.06.2025.
03. In compliance to the order dated 01.09.2016, passed by this
Court, Judgment dated 28.02.2024, passed in LPA No. 46/2020
by the Division Bench of this Court read with order dated
17.04.2025, passed in SLP No. 39347/2024 by the Apex Court,
the claim of the petitioners has been considered, sanction has
been accorded to grant of monetary benefits in favour of the
petitioners for one month only prior to their retirement,
enabling them to derive the benefits as per analogy of
Government order No. 61-CAPD of 2008 dated 20.05.2008.
04. In terms of order dated 01.09.2024, this Court had directed the
respondents to pass fresh orders for stepping up of the pay scale
of the petitioners from 01.04.1995, whereas in the consideration
order dated 12.06.2025, petitioners have been granted the
benefit from one month prior to their retirement and not from
01.04.1995.
05. Mr. Hakim Aman Ali, learned Dy. AG, seeks and is granted
two weeks’ time to file fresh compliance report, strictly in
conformity with order dated 01.09.2016, passed by this Court,
with copy in advance to other side.
06. List on 25.08.2025.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR
08.08.2025
“Mohammad Yasin Dar”
Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document
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