Hajra Bano And Ors vs State Of J&K And Ors
2023 Latest Caselaw 542 j&K/2

                                                               Serial No. 09
                                                             Regular Cause list

       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR

                           SWP No. 172/2019
                          WP(C) No. 275/2019
                         CM No. 588/2019[1/2019]

Hajra Bano and Ors.
                                                  ..... Petitioner/Appellant(s)
Through:      Mr. R.A.Bhat, Advocate vice,
              Mr. M.Y. Bhat, Sr. Advocate


                                      V/s
State of J&K and Ors.
                                                            .....Respondent(s)
Through:      Mr. Alla-ud-din Ganai, AAG.

CORAM:
              Hon'ble Mr. Justice Sanjeev Kumar, Judge.
                                   ORDER

03.05.2023

1. In this petition the petitioners are seeking a mandamus to the

respondents to release all post retiral benefits including pension as

are admissible to the Government employees on the analogy of and

interms of judgment of learned single Judge of this Court passed in

SWP No. 1596/2017 on 10th October, 2018 in case titled "Khurshid

Ahmad Mir and Ors. Vs. State of J&K and Ors." It is claimed by the

petitioners that they are similarly situated with the writ petitioner of

SWP No. 1598 of 2017 who have been declared by learned single

Judge of this Court as Government employees entitled to all post

retiral benefits including the pensionary benefits on a par with the

Government employees.

2. It may be pertinent to note that the judgment of Khurshid

Ahmad Mir strongly relied upon by the petitioners has been set aside

by the Division Bench of this Court in LPASW No. 10/2019 decided

on 11.11.2021. What is said in the aforesaid judgment of Division

Bench in LPASW No. 10/2019 would apply on all fours to the

instant case.

3. The petitioners being the employees of the J&K Handloom

Development Corporation Limited are not entitled to be treated as

Government employees, nor can they be held entitled to the post

retiral benefits on a par with the Government employees serving in

the Union Territory of J&K. This writ petition is, therefore, found to

be without any merit and is accordingly dismissed.

(Sanjeev Kumar) Judge SRINAGAR:

03.05.2023 "Mir Arif"