Abdul Hamid Sheikh And Ors vs Mathora Masoom
2025 Latest Caselaw 1753 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Abdul Hamid Sheikh And Ors vs Mathora Masoom on 8 October, 2025

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                                                       Serial No. 10
                                                                                       Regular List
                    IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                       AT SRINAGAR

                                                   CCP(S) No. 33/2024 in
                                                   WP(C) No. 2459/2021

                Abdul Hamid Sheikh and Ors.
                                                                             ..... Appellant/petitioner(s)
                                                       Through: -
                                               Mr. Zaffar Qadri, Advocate


                                                                V/S
                Mathora Masoom
                                                                                      ..... Respondent(s)

Through: -

Mr. Furqan Sofi, GA vice Mr. Ilyas Nazir, GA

CORAM:

HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (ORDER) 08.10.2025

01. By this petition, petitioners have alleged non-compliance of order

dated 08.09.2023, operative portion of which is taken note of:-

" 8. In view of above, the present writ petition is disposed of by directing the respondents to consider the release of gratuity and leave salary in respect of Mst. Khatoon in favour of the petitioners in accordance with rules. The pendency of any investigation shall not come in the way of respondents while considering the claim of the petitioners for release of gratuity and leave salary. The entire exercise shall be undertaken and completed by the respondents within a period of four weeks from the date a copy of this order is served upon them."

02. Compliance report stands filed by the respondents, it is stated that the

Judgment dated 08.09.2023, passed in WP(C) No. 2459/2021, has

been challenged by the respondents in LPA No. 122/2024 titled Union

Territory of J&K Vs. Abdul Hamid Sheikh and Others, as such, the

contempt proceedings are requested to be deferred till the outcome of

LPA.

03. Learned counsel for the petitioners submits that the LPA was

preferred by the respondent after a delay of about eight months and till

date only notice has been issued in application, seeking condonation

of delay and respondents have been directed to take steps for service,

however, the same has not been taken till date.

04. This Court in terms of order dated 08.09.2023, had directed

respondents to consider the release of gratuity and leave salary in

favour of the petitioners in accordance with rules. It was also directed

that the pendency of any investigation shall not come in the way of

respondents while considering the claim of the petitioners for release

of gratuity and leave salary.

05. Learned counsel for the petitioners submits that the petitioners have

superannuated in the year 2021, but till date their gratuity and leave

salary has not been released by the respondent on the pretext that the

respondent has preferred LPA that too after a delay of about eight

months.

06. Learned counsel for the respondent is directed to file compliance

report of the Judgment dated 08.09.2023, within four weeks, failing

which, respondent is directed to appear in person or through virtual

mode on the next date of hearing.

07. List on 18.11.2025.

(MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 08.10.2025 "Mohammad Yasin Dar"