Ut of J and K Th Commissioner Secretary Jal Shakti Department Jammmu and Others v. Darshan Kumar

ORDER

10.08.2026

¶01The petitioners have called in question the order dated 16.10.2024 passed by learned Central Administrative Tribunal, Jammu Bench, in O.A. No. 626/2024, whereby the Original Application filed by the applicant/respondent came to be allowed and the order directing recovery from their pay/pensionary benefits was quashed and set aside.

¶02Learned Tribunal, while allowing the Original Application, issued the following directions:

(i) The impugned order of recovery qua the applicants is quashed and set aside and the respondents are directed not to recover any amount from the pay/pensionary benefits of the applicants.

(ii) The respondents are directed to restore the pay/pension of the applicants which they were getting prior to the issuance of the impugned order.

(iii) The amount recovered from the pay/pensionary benefits of the applicants, shall be refunded preferably within two months from the date of receipt of a certified copy of this order.

(iv) In the cases, where applicants have already retired, the respondents shall pay pension to the applicants on the basis of last pay drawn by the applicants. S.No. 06

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¶03Learned counsel appearing for the petitioners submits that the controversy involved in the present petition, insofar as it relates to recovery of the excess amount paid to the respondent and re-fixation of his pay/pension stands settled by the co-ordinate Bench of this Court in WP(C) No. 936/2025, titled UT of J&K and Ors. v. Maqbool Sheikh and Sita Ram and Ors. vs. UT of J&K and Ors.

¶04This court has allowed the petitioners to re-fix the pay but restrained the authorities from effecting recovery of the excess amount already paid and also clarified that the authorities would remain at liberty to re-fix the pay/pension of the concerned employees by excluding the benefit which had been wrongly granted to them. It has further been directed that, wherever any amount has already been recovered, the same shall be refunded to the concerned employees within the period prescribed by the learned Tribunal.

¶05Having regard to the facts of the case and in view of the fact that the issue has already attained finality, without going into the merits of the matter any further, the present petition is disposed of in terms of the judgment dated

06.03.2026 passed by this Court in WP(C) No. 936/2025, titled UT of J&K and Ors. v. Maqbool Sheikh, along with connected matters.

¶06Consequently, the petitioners shall not effect any recovery from the respondent on account of the excess amount already paid to them. In the event any amount has already been recovered from the pay/pensionary benefits of the respondent, the same shall be refunded to them in accordance with law and within the period prescribed by learned Tribunal.

¶07It is, however, clarified that the petitioners shall remain at liberty to undertake re-fixation of the pay/pension of the respondent(s), strictly in accordance with law, by excluding the benefit which was erroneously or wrongly

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extended to them. Such re-fixation shall not, however, result in recovery of the excess amount already paid to the respondent.

¶08The present petition, along with pending CMs, if any, stands disposed of in the above terms.

(Rajesh Sekhri) (Sindhu Sharma)

Judge Judge

Jammu

10.08.2026 Sushant

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2471/2026 UT of J&K and Ors. …..Appellant(s)/Petitioner(s) Through: Ms. Priyanka Bhat, Advocate vice Mrs. Monika Kohli, Sr. AAG q vs Darshan Kumar .…. Respondent(s) Through: Coram: HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE