R. K. Rana vs Rajesh Kumar Singh Defence Secretary
2025 Latest Caselaw 743 J&K

Jammu & Kashmir High Court

R. K. Rana vs Rajesh Kumar Singh Defence Secretary on 7 August, 2025

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

                                                                               28




        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU
CJ Court
Case: CCP(D) No. 39/2025 in
LPASW No. 8/2023
R. K. Rana                                           ...Petitioner(s)/Appellant(s)

                   Through:    Ms. Shivani Jalali, Adv.

                                  v/s

Rajesh Kumar Singh Defence Secretary,                          .... Respondent(s)
New Delhi
                Through:   Mr. Vishal Sharma, DSGI


CORAM: HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.

                               ORDER

07.08.2025

1. Learned counsel for the petitioner submits that by order and judgment

dated February 15, 2016, the Coordinate Bench had dismissed the

appeal preferred by the Union of India. And, the respondents were

directed to release the pension and gratuity of the petitioner within a

period of three months, failing which, they would be obliged to pay

interest @ 12 % per annum. She submits that even though the

judgment, that has attained finality, was passed in presence of the

counsel for the parties, yet the same has not been implemented till date.

And, even the repeated representations that followed failed to evoke

any response.

2. It is urged that almost a decade has gone by, which impelled the

petitioner to file the present petition. Ex facie she asserts that

respondents are guilty of willful and deliberate non implementation of

the judgment. And, thus are liable to be proceeded against under the

Contempt of Courts Act.

3. Faced with this, learned counsel for the respondents, as always, fairly

submits that before proceeding any further, he be given a short

accommodation to seek instructions and ascertain as who are the

concerned officers/officials who were/are actually to deal with the

matter and as to why despite years having rolled by, the judgment dated

15.02.2016 has not been complied with.

4. Adjourned to 11.08.2025.

                                                 (RAJNESH OSWAL)               (ARUN PALLI)
                                                         JUDGE                 CHIEF JUSTICE
           Jammu
           07.08.2025
           Rakesh