Jammu & Kashmir High Court - Srinagar Bench
Mehraj-Ud-Din Sheikh & Ors vs Union Of India & Ors on 22 February, 2021
Serial No. 393
After Notice Cause List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
SWP No. 1072/2018
Dated: 22nd of February, 2021.
Mehraj-ud-Din Sheikh & Ors.
..... Petitioner(s)
Through: -
Mr Z. A. Qurashi, Senior Advocate with
Ms Rehana Fayaz, Advocate.
V/s
Union of India & Ors.
..... Respondent(s)
Through: -
Mr S. N. Ratanpuri, Advocate.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
JUDGMENT
01. By medium of the instant petition, the petitioners, 21 in number,
have prayed for the grant of following relief(s) in their favour:
"i. Issue writ, direction or order in the nature of mandamus
commanding the respondents to release the grade of Rs.4500-7000 to the
petitioners with all consequential benefits to which they were held entitled
by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh in
the year 2014 in petition titled Naresh Kumar and others V/S Union of India
and others.; and
ii. Any other writ, direction or order which this Hon'ble Court may
deem fit and proper in the facts and circumstances of the case may also be
passed in favour of the petitioners and against the respondents alongwith
the cost of litigation."
TAHIR MANZOOR BHAT
2021.02.25 10:04
I attest to the accuracy and
integrity of this document
SWP No.1072/2018
02. Today, when this matter came up for consideration, Mr Qurashi,
the learned Senior Counsel, appearing on behalf of the petitioners, submitted
that the orders passed by the Central Administrative Tribunal, on the basis of
which the petitioners herein had projected their claim in the instant petition,
were assailed by the respondents/ Union of India before the Hon'ble Supreme
Court and that the said orders stand upheld in terms of judgment dated 8th of
December, 2017, passed in case titled 'Union of India and Ors. v. Balbir
Singh Turn & Anr.'. The learned Senior Counsel pleaded that the said
judgment stands already placed on record of the file with MP No.02/2018. It
is pleaded that in the light of this subsequent development, the instant petition
can be disposed of with a direction to the respondents to consider the case of
the present petitioners in accordance with the mandate of the aforesaid
judgment passed by the Apex Court.
03. Mr Ratanpuri, the learned counsel representing the respondents,
when asked, would submit that there shall be no difficulty for the respondents
in considering the case of the petitioners on the touchstone of the law rendered
by Hon'ble the Supreme Court in the aforesaid judgment, if the same is
applicable to the case of the present petitioners as well.
04. Given the above position and with the consensus of the learned
counsel for the parties, this petition is disposed of with a direction to the
respondents to consider the case of the present petitioners in the light of the
judgment rendered by Hon'ble the Supreme Court in 'Union of India & Ors.
v. Balbir Singh Turn & Anr.' (supra), of course, if the same is applicable to
TAHIR MANZOOR BHAT
2021.02.25 10:04
I attest to the accuracy and
integrity of this document
SWP No.1072/2018
the facts and circumstances of the case of the petitioners herein. Consideration
shall be accorded and decision taken as expeditiously as possible, preferably
within two months from today. The petitioners, on their part, may handover
copy of the petition, alongwith all its annexures; as well as the judgment
aforesaid passed by Hon'ble the Supreme Court; and the order passed today,
to the respondents so as to facilitate an early decision in the matter.
05. Writ petition disposed of as above, alongwith all pending CMs
connected therewith.
(Ali Mohammad Magrey)
Judge
SRINAGAR
February 22nd, 2021
"TAHIR"
i. Whether the Judgment is reportable? Yes/ No.
ii. Whether the Judgment is speaking? Yes/ No.
TAHIR MANZOOR BHAT
2021.02.25 10:04
I attest to the accuracy and
integrity of this document
