Union Territory of J and K and Others (Urban Local Bodies) v. Mirzada Javaid Ahmad

ORDER

05.05.2026

CM No. 1728/2026

¶1This is an application seeking condonation of delay of 137 days in filing the intra court appeal against the judgment dated 16.09.2025 rendered by the learned Writ Court.

¶2Notice, waived by Mr. M. A. Beigh, learned counsel representing respondent. He submits that he has no objection to the condonation of delay in filing the accompanying appeal.

¶3In view of the submission made and for the reasons set out in the application, which is duly supported by an affidavit, the same is allowed. Consequently, the delay of 137 days in filing the appeal is condoned.

¶4Application stands disposed of.

¶5Main Appeal is taken on board.

LPA No. 53/2026

¶1Appellants have preferred this intra-court appeal against the judgment dated 16.09.2025 rendered in WP(C) No. 2261/2024, whereby the learned Writ Court has directed the appellants to release all retiral benefits and arrears to the respondent within three months. Failure to comply with the judgment within the aforesaid period renders the appellants liable to pay interest @ 7% per annum from the due date until the actual date of payment.

¶2Learned counsel for the respondent submits that the controversy involved in the present appeal is identical to that in "Gulzar Ahmad Khan vs. U.T. of J&K and others" [WP(C) No. 3342/2023]. He further states that the judgment in the said writ petition was upheld with certain modifications by this Court vide judgment dated 29.01.2026 in LPA No. 306/2025, titled "U.T. of J&K and others vs. Gulzar Ahmad Khan and others".

¶3Learned counsel for the appellants has not disputed the submissions made by the learned counsel appearing for the respondent.

¶4A perusal of the record reveals that the appellants are objecting to the respondent's claim for pensionary benefits on the grounds that his initial appointment was contrary to law and was the subject of an investigation in FIR No. 19/2021, registered by the Police Station Crime Branch, Kashmir.

¶5Having perused the judgment rendered in LPA No. 306/2025 (supra), it is evident that similar pleas/arguments were previously considered and discarded by this Court. In LPA No. 306/2025, same FIR was cited as an impediment to the grant of pensionary benefits.

¶6In view of what has been considered, discussed and analyzed hereinabove, we dispose of the instant appeal by modifying the judgment dated

16.9.2025 rendered by the learned Writ Court in WP(C) No. 2261/2024, titled "Mirzada Javaid Ahmad vs. Union Territory of J&K and others" to the extent that in the event, the appellants fail to comply with the direction issued by the learned Writ Court within three months from today, the respondent shall be entitled to interest on all retiral benefits and arrears thereof at the rate of 6% per annum. Such interest shall be calculated from the date, the respondent first became entitled to these benefits until the date of actual payment.

¶7Disposed of along with connected applications.

(RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE JAMMU:

05.05.2026 Rakesh PS

Whether the judgment is speaking:

Whether the judgment is reportable:

Jammu

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Th. Virtual Mode) Uploaded on 07.05.2026 CJ Court Case :CM No. 1728/2026 in LPA No. 53/2026 U. T. of J&K and others ….. Appellant/Petitioner(s) Through: Mr. Illyas Nazir Laway, GA vs Mirzada Javaid Ahmad .…. Respondent(s) Through: Mr. M. A. Beigh, Adv. Coram: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE