Jammu & Kashmir High Court - Srinagar Bench
Mohammad Yousuf Mir And Ors vs Ut Of J&K And Ors on 5 May, 2025
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Serial No. 13
Regular Cause list
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
LPA No. 83/2025 in
WP(C) No. 642/2022
Mohammad Yousuf Mir and Ors.
..... Appellant/petitioner(s)
Through: -
Mr. Sachin Dogra, Advocate with
Mr. Sheikh Umar Farooq, Advocate
V/s
UT of J&K and Ors.
..... Respondent(s)
Through: -
CORAM:
HON'BLE MR JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR JUSTICE SANJAY PARIHAR, JUDGE
(ORDER)
05.05.2025
01. This appeal filed by the appellants under clause 12 of the Letters Patent
is directed against the Judgment and order dated 27.12.2024 passed by the
learned Single Judge of this Court (Writ Court) in WP(C) No. 642/2022
titled Mohammad Yousuf Mir and Ors. Vs. UT of JK and Ors., whereby the
writ Court has dismissed the writ petition filed by the appellants, seeking
pensionary benefits from the J&K Handicrafts (S&E) Corporation.
02. The relevant facts leading to filing of this appeal can be summarized in
the following manner:-
"That the appellants were working as Piece Rated Workers in the
Jammu and Kashmir Handicrafts (S&E) Corporation, ["the
Corporation"] which was administered by the department of Industries
and Commerce, Government of J&K. They continued to remain in the
said position till their services were dispensed with. They claim that
they continued to hold the post of Piece Rated Workers in the
Corporation till they were shown the door on payment of meagre
amount. The appellants, on the grievance that they were not given any
post retiral benefits, filed SWP No. 1951/2020, which was disposed of
by learned Single Judge of this Court on 16.11.2020, directing the
respondents to consider the representation of the appellants in
accordance with rules. Yet another writ petition was filed by the
similarly situated persons bearing WP(C) No. 54/2022, in which a
similar interim order came to be passed on 14.01.2022. When the case
of the appellants was not accepted by the respondents and they were
denied the pensionary benefits, the appellants filed WP(C) No.
642/2022, which has been disposed of by the writ Court vide impugned
order and Judgment dated 27.12.2024."
03. The impugned Judgment is challenged by the appellants primarily on
the ground that the writ Court has not appreciated that the persons similarly
situated with the appellants, who were earlier working in the J&K Industries
and had retired on superannuation or were given Golden Handshake were
held entitled to pensionary benefits by the Hon'ble Supreme Court.
04. Learned counsel for the appellants took us through the Judgment
passed by the Hon'ble Supreme Court in the case of Jawahir Lal Sazawal
and Ors. Vs. State and Ors. 2002 (3) SCC 219 and Judgment passed by the
learned Single Judge of this Court titled J&K Industries Employees
Association Vs. State 2015 (1) JKJ 637.
05. Having heard learned counsel for the appellants and perused the
material on record, we are of the considered view that the Judgment passed
by the writ Court is perfectly legal and does not call for any interference by
us in this appeal. The writ Court has very correctly distinguished the
appellants from those who were held entitled by the Hon'ble Supreme Court
to the payment of pensionary benefits. The employees of the J&K Industries
before the Hon'ble Supreme Court were the employees, who had been
appointed in the various Government departments prior to the incorporation
of the J&K Industries and had been later shifted and adjusted in the J&K
Industries.
06. In the given facts and circumstances, the Hon'ble Supreme Court was
of the view that those employees had not ceased to be the Government
employees and therefore, could not have been denied the benefit of
pensionary benefits as were admissible to the Government employees.
07. There is no dispute with regard to the fact that the appellants were
admittedly not appointed against any civil post under the Government of
J&K.
08. They came to be engaged as Piece Rated Workers in the Corporation
much after coming into existence of J&K Industries and the incorporation of
the Corporation. They were never given any regular pay scale of the post, if
any, held by them. The appellants who were actually engaged as Piece Rated
Workers in two centres at Namchibal and Nowshera, Srinagar and were
getting the wages and the benefits like Cost-of-Living Allowance (COLA),
medical allowance etc., since 1985-86. As is the categoric case of the
respondent Corporation that the 98th meeting of Board of Directors took
place on 14.05.1997, in which it was found that the two Centres where the
appellants were working were economically unviable and were a drain on
resources of the Corporation. Accordingly, the Management took a decision
to disengage the workers. After negotiations with the appellants, 61 workers
out of 83 agreed on compensation ranging from Rs. 35000 to Rs. 44000/- per
head in addition to normal benefits. The production centres were closed and
the production activity was stopped in the year 1997. The appellants
accepted the aforesaid position and did not agitate the matter before any
competent forum, including this Court. It is only in the year 2022, the
appellants came before this Court and sought the pensionary benefits on the
parity of those Government employees who stood transferred to and adjusted
in J&K Industries after its incorporation. The writ Court has examined all
the aspects of the matter in light of law and the judgments relied upon by
learned counsel appearing for the appellants and came to the conclusion that
the appellants were not entitled to parity with the Government employees
and, therefore, were not entitled to any pensionary benefits, as are
admissible to the Government employees.
09. We see no reason or justification to interfere with the impugned
Judgment. The appeal being devoid of merit is dismissed along with
connected CM(s).
(SANJAY PARIHAR) (SANJEEV KUMAR)
JUDGE JUDGE
SRINAGAR
05.05.2025
"Mohammad Yasin Dar"
