Ut Of J&K Through Commissioner ... vs Manzoor Ahmed Wani S/O Gh. Mohudiin Wani
2025 Latest Caselaw 2276 J&K

Jammu & Kashmir High Court

Ut Of J&K Through Commissioner ... vs Manzoor Ahmed Wani S/O Gh. Mohudiin Wani on 7 October, 2025

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                                          2025:JKLHC-JMU:3225-DB



                                                                  Serial No. 28


     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

WP(C) No. 2268/2025
CAV No. 1458/2025

     1. UT of J&K through Commissioner Secretary
        to Govt. Public Health Engineering Department             .....Petitioner(s)
        (Jal Shakti) Civil Secretariat, Jammu/Srinagar.
     2. Chief Engineer PHE Department (Jal Shakti)
        J&K, Jammu
     3. Executive Engineer, PHE Hydraulic Division
        (Jal Shakti) Ramban.
                          Through: Mrs. Monika Kohli, Sr. AAG with
                                   Ms. Sagira Jaffar, Advocate
                    vs
     1. Manzoor Ahmed Wani S/o Gh. Mohudiin Wani                ..... Respondent(s)
        R/o Chanjloo Banihal
     2. Manzoor Ahmed Wani S/o Gh. Nabi Wani R/o
        Chanjloo Banihal
     3. Altaf Ahmed Wani S/o Najmdin Wani R/o
        Cahnjloo Banihal
     4. Nazir Ah. Bhat S/o Ahmadullah Bhat R/o Nagbal
        Banihal
                          Through:
CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
              HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
                                     ORDER(ORAL)

07.10.2025

Sanjeev Kumar-J

1. Impugned in this petition is an order dated 23.12.2024 passed by the

Central Administrative Tribunal, Jammu Bench, Jammu (hereinafter

referred to as "the Tribunal") in OA No. 1242/2024 titled "Manzoor

Ahmed Wani and Ors. Vs. UT of J&K and others", whereby the 2 2025:JKLHC-JMU:3225-DB

Tribunal has, while allowing the writ petition, issued following

directions.

"a. The impugned PPOs restricting the amount of monthly pension less that the last pay drawn by the applicants are quashed and set aside and the respondents are directed not to recover any amount from the salary or pensionary benefits of the applicants.

b. The amount recovered from the salary/pensionary benefits of the applicants shall be refunded and withheld gratuity and other pensionary benefits shall be refunded and also enhancement of monthly pension from the date of retirement shall be restored as per last pay drawn.

c. The whole exercise as above shall be completed immediately, preferably within two months from the date of receipt of certified copy of this order."

2. The issue raised by the petitioners in this petition is squarely covered by

our judgment dated 04.04.2025 passed in WP(C) No. 2416/2024 titled

"Sita Ram & others Vs. Union Territory of J&K". The instant case is

thus disposed of by providing as under:-

i. That there shall be no recovery of the amount erroneously paid to

the respondents during their service career on account of wrong

fixation of their salary, as the same is protected by the law laid

down by the Hon'ble Supreme Court in the case of "State of

Punjab Vs. Rafiq Masih" report in 2015(4) SCC 334 and

"Thomas Daniel Vs. State of Kerala & Others" being Civil

Appeal no. 7115 of 2010.

3 2025:JKLHC-JMU:3225-DB

ii. That such amount, if any recovered from the salary/pensionary

benefits of the respondents, shall be refunded immediately and

forthwith, preferably within period of three months from today.

iii. That the respondents shall be entitled to the post retiral benefits on

the basis of re-fixation of their salary done by the petitioners for

correcting the error committed during their service career in the

matter of fixation of salary.

3. The judgment of the Tribunal to the extent aforesaid is modified and

this petition is, accordingly, disposed of.

                                (Sanjay Parihar)             (Sanjeev Kumar)
                                    Judge                        Judge


Jammu
07.10.2025
Rahul