Aman Singh and Another v. Ut of J and K Th. Commissioner Secretary Housing and Urban Development Jammu and Others

ORDER (06.05.2026)

¶01Two (2) employees of Jammu Municipal Corporation, namely, Subash Chander and Mulkh Raj had come to petition this Court with their respective writ petitions SWP No. 1715/2018 and SWP No. 1717/2018 being aggrieved of an objection raised from the end of the Office of Local Fund Audit & Pensions, Jammu with respect to settlement of the pension and retiral benefit case of the said two persons. Serial No. 10 Regular List

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¶02The issue relatable to the objection of the Office of Local Fund Audit & Pensions, Jammu was emanating from the fact of some benefits granted in favour of said two persons by reference to SRO-59 of 1990 dated

06.02.1990 which was reckoned to be not admissible to them and therefore, the settlement of pension and payment of gratuity was withheld till recovery of the pecuniary benefit availed under SRO-59 of 1990 dated

06.02.1990 was recovered from said two officials.

¶03This Court, in terms of judgment dated 02.05.2025, came to the rescue of said two officials by quashing the objection so raised with respect to their entitlement and directed the writ respondents to release the entire retiral benefits in favour of the said two officials along with interest @ 7.5 % from the date of withholding of the said retiral benefits till actual payment.

¶04The judgment/order dated 02.05.2025 of the writ Court came to be challenged in a letters patent appeal No. 284/2025 which met the fate of dismissal thereby confirming the direction given by the writ Court in terms of its order dated 02.05.2025.

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¶05The present case of the petitioners is spitting image of SWP No. 1715/2018 and SWP No. 1717/2018 of the aforesaid two officials even to the extent that the petitioners herein are also ex-employees of Jammu Municipal Corporation having superannuated from the services but getting confronted with the objection relatable to the availed benefits of SRO-59 of 1990 dated

06.02.1990.

¶06The petitioners came forward with the present writ petition instituted on 12.11.2024 asking for the following prayer :- "i. Allow petition of petitioners. ii. Issue a in nature of Certiorari quashing Communication impugned communication bearing No. JMC/Estt/s/655 dated 10.01.2024 well as pension payment order (PPO) dated

16.05.2024 addressed by respondent No. 4 to the extent whereby it has been communicated that an amount of Rs. 8,47,044/- has withheld and recovered from the pension amount including gratuity of the petitioner No. 1.

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iii. Issue writ in the nature of Certiorari quashing Communication impugned communication bearing No. bearing Nos. JMC/Estt/s/654 dated 10.01.2024 well as the pension payment order

(PPO) dated

16.05.2024 addressed by respondent No. 4 whereby it has been communicated that an amount of Rs. 8,47,044/- has withheld and recovered from the pension amount including gratuity of petitioner No. 2. iv. Issue in nature of Mandamus commanding respondents to release the gratuity withheld in respect of both the petitioners for each amounting to Rs. 8,47,044/- in favour of each of the petitioner along with interest at rate of 12% per annum from the date the same was wrongly with withheld and not paid to the petitioners. v. Issue in nature of Mandamus commanding respondent authorities to settle and re fix the pension of the petitioners by paying the pensionary benefits on the basis of the last pay drawn by the

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petitioners after extending benefits payable to the petitioners. Pass such other appropriate order as the facts of the case demand and this Hon'ble Court may deem just and proper in favour of the applicant."

¶07The end situation of the present case cannot be different to that of SWP No. 1715/2018 and SWP No. 1717/2018 in terms of the judgment/order dated

02.05.2025 confirmed in LPA No. 284/2025 and therefore, this writ petition, notwithstanding non-filing of the objections/reply by the respondent No. 4, is hereby disposed of by being allowed in favour of the petitioners by quashing the impugned communication bearing No. JMC/Estt/s/655 dated 10.01.2024 as well as the pension payment order (PPO) dated 16.05.2024. As a consequence, respondents herein are commanded to release the entire retiral benefits in favour of the petitioners forthwith within a period of 90 (ninety) days from the date of passing of this order along with interest @ 7.5% from the date the release of the retiral benefits in favour of the petitioners was withheld by the respondents till date of its actual payment.

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¶08As regards the fixation of the pension of the petitioners is concerned, the respondents are directed to fix the same by applying deduction with respect to the benefits granted under SRO-59 of 1990 dated 06.02.1990.

¶09This writ petition is accordingly, disposed of.

(RAHUL BHARTI) JUDGE JAMMU

06.05.2026

SUNIL

Whether the order is speaking ? :

Whether the order is reportable ? :

Page 1 of 6 WP(C) No. 2723/2024 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Pronounced on : 06.05.2026 Uploaded on : 13.05.2026 WP(C) No. 2723/2024 Aman Singh & Anr. …..Petitioners Through: Mr. Anuj Dewan Raina, Advocate Vs UT of J&K & Ors. .….Respondents Through: Mr. Mayank Gupta, Standing Counsel for R-2 Ms. Nazia Fazal, Assisting Counsel to Mrs. Monika Kohli, Sr. AAG for R-3 & 4 CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE