Abdul Razak Sofi vs Shalindar Kumar And Ors
2024 Latest Caselaw 1641 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Abdul Razak Sofi vs Shalindar Kumar And Ors on 28 October, 2024

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                                     S. No. 22
                                                                     Regular


    IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT SRINAGAR
                   CCP(S) 362/2020 in[SWP 1895/2011] CM(3000/2023)
               CM(5341/2022) CM(5342/2022) CM(5936/2022) CM(6093/2022)

   ABDUL RAZAK SOFI                               ...Petitioner(s)/Appellant(s)

   Through: Mr. Mir Majid, Advocate

                                        Vs
   SHALINDAR KUMAR AND ORS                                      ...Respondent(s)

   Through: Mr. Hakim Aman Ali, Dy. AG

   CORAM:
   HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                                     ORDER

28.10.2024

In the instant petition, petitioner herein has alleged non-compliance of the judgment dated 14.12.2017. Paragraph No. 10 of the said judgment is

"In view of above, this writ petition is allowed. There is no legal impediment in granting the reliefs sought. Hence writ of Mandamus thereby directing respondents to release the salary of petitioner w.e.f December 2000 till his superannuation i.e. Feb, 2008, is issued; it is further directed to respondents to release all retirement benefits including pension & Gratuity forthwith in favour of petitioner. The whole exercise shall be completed with 2 months from the date of receipt of order failing which 18% p.a interest on amount calculated shall be charged."

Learned counsel for the petitioner states that though an amount of Rs. 11,54,154/- being part of retiral benefits has been paid in favour of the petitioner on 14.03.2023, however, the interest part has not been paid till date. He further states that as per his calculations, respondents are required to pay approximately Rs. 20.00 lacs.

Learned counsel for the respondents has filed compliance but he has not stated anything with respect to the interest part accrued to the petitioner in terms of judgment dated 14.12.2017. He seeks and is granted three weeks' time as last and final opportunity to file compliance report strictly in conformity with the judgment dated 14.12.2017 failing which respondent No. 4 is directed to appear in person before this Court on through virtual mode.

Registry is directed to provide virtual link to respondent No. 4 in the event the respondent chooses to appear virtually.

List on 20.11.2024.

(MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 28.10.2024 Aamir