Jammu & Kashmir High Court
Jawahar Lal Koul And Others vs Mohd. Farooq Thoker on 9 October, 2023
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CPSW No. 500/2017
Jawahar Lal Koul and others .....Appellant(s)/Petitioner(s)
q
Through: Mr. R. K. S. Thakur, Adv.
vs
Mohd. Farooq Thoker ..... Respondent(s)
Through: Mr. Sumeet Bhatia, GA
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
09.10.2023
Vide order dated 24.10.2016 passed by the writ court, the respondents
were directed to consider the petitioners eligible for grant of revised pay scale
notionally with effect from 01.01.2006 and it was also provided that the petitioners
shall be entitled to all retiral benefits including the gratuity etc strictly in
accordance with rules calculated on the pay so received. The aforesaid judgment
was modified by the LPA Bench in terms of order dated 20.02.2017 to the extent of
direction of the writ court pertaining to grant of gratuity.
The arrears of revised pay are not being paid to the petitioners even after
the disposal of the LPA in February, 2017. We are in October, 2023 and even after
the lapse of more than six years, the petitioners who are stated to have retired from
service, have not been paid their dues. On 25.08.2023, the Manager Law of the
respondent-Corporation had informed the Court that arrears of salary shall be paid
to the employees of the Corporation in 10 installments starting from August, 2022.
Keeping in view the fact that the petitioners are senior citizen having already
retired from service, on 04.09.2023, the respondent-Corporation was asked to
explore the possibility of paying the balance arrears of salary to the petitioners in
five installments.
CPSW No. 500/2017
Today, Mr. Sumeet Bhatia, learned GA, appearing on behalf of the
respondent-Corporation, has submitted that the financial position of the
Corporation is not in good health, as a result of which, it is not possible to pay the
arrears of salary to the petitioners in five installments.
The judgment of the writ court as upheld by the Division Bench was to
release the arrears of salary after calculating the same in favour of the petitioners
and there was no concession given to the respondents to pay the said amount in
installments. Therefore, it was not open to the respondents to release the arrears of
salary in favour of the petitioners in installments. This Court has been lenient
enough in not insisting upon release arrears of salary in favour of the petitioners in
one go but that does not mean that the respondents would have their way in
deciding as to in how many installments they will clear the arrears of salary of the
petitioners.
In view of all what has been stated above, the respondents are directed to
clear the arrears of salary due to the petitioners in five monthly installments
beginning from October, 2023, failing which, appropriate orders shall follow.
List this matter for monitoring the compliance of this order on
01.11.2023.
A copy of this order be sent to the respondents through Mr. Bhatia.
(SANJAY DHAR)
JUDGE
Jammu
09.10.2023
Rakesh
