Jammu & Kashmir High Court - Srinagar Bench
Showkat Ali Wani & Others vs Ut Of J&K & Others on 28 May, 2025
Author: Sanjay Dhar
Bench: Sanjay Dhar
2024:JKLHC-SGR:311
Item No. 01
Regular List
IN THE HIGH COURT OF JAMMU & KASHMIR AND
LADAKH AT SRINAGAR
CM No.5105/2024
In
WP(C) No.683/2023
SHOWKAT ALI WANI & OTHERS ... PETITIONER(S)
Through: - Mr. Shakeel Sarwar Wani, Advocate.
Vs.
UT OF J&K & OTHERS ...RESPONDENT(S)
Through: - Mr. Ilyas Laway, GA
CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORAL(ORDER)
28.05.2025
1) Through the medium of present application, the
petitioners are seeking modification/rectification of
judgment dated 02.08.2024 passed in WP(C) No.683/
2023.
2) Heard and considered.
3) Vide judgment dated 02.08.2024, while allowing the
writ petition filed by the petitioners, direction was issued
to the respondents, inter-alia, to release arrears of salary
in favour of the petitioners for the period with effect from
December, 1999 to 26.10.2007 within a period of two
months from the date of the judgment, failing which the
2024:JKLHC-SGR:311
petitioners were held entitled to interest @6% per annum
from the date of filing of the writ petition till relation of the
arears of salary.
4) The aforesaid relief was granted to the petitioners on
the analogy of relief granted to the petitioners in SWP
No.812/2008, who have been granted arrears of salary
with effect from December, 1998 to 26.10.2007, when they
were absorbed and adjusted in the Cooperative
Department. It has been observed in judgment dated
02.08.2024 that the case of the petitioners herein is
similar to the case of petitioners in SWP No.812/2008 and
that they are entitled to the same relief. The relief to which
the petitioners herein were found entitled, inter alia, was
with regard to their right to receive arrears of salary for the
period for which they have not been paid salary upon
winding up of CONFED upto the date of their absorption
in different posts borne on the cadre of the Government.
5) It appears that the petitioners herein, in their writ
petition SWP No.1707/2018 titled "Showkat Ali Wani &
anr. Vs. State of J&K & Others", had sought disbursement
of unpaid salary for the period with effect from July, 1999
to 2007, which, according to them, had remained unpaid
whereas in the case of writ petitioners in SWP
2024:JKLHC-SGR:311
No.812/2008, there was a specific stand that they did not
receive salary from December, 1998 to 26.10.2007.
6) Therefore, the period during which the salary of the
petitioners had remained unpaid is required to be
determined by the respondents on the basis of available
record.
7) In view of the above, it would be appropriate to direct
the respondents to determine the exact period for which
the salary of the petitioner has remained unpaid due to
winding up of CONFED. After ascertaining the date upto
which the petitioners have received salary as employees of
CONFED, the respondents shall disburse the arears of
unpaid salary upto the date the petitioners were absorbed
in different posts borne on the cadre or the Government.
8) The judgement dated 02.08.2024 shall stand
modified to the aforesaid extent.
9) CM shall stand disposed of.
(Sanjay Dhar)
Judge
Srinagar,
28.05.2025
"Bhat Altaf-Secy"
Whether the order is reportable: Yes/No
