The Ut Of Jammu And Kashmir vs Harbans Singh
2025 Latest Caselaw 2442 J&K

Jammu & Kashmir High Court

The Ut Of Jammu And Kashmir vs Harbans Singh on 18 October, 2025

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                                          Sr. No. 39



           HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            ATJAMMU

WP (C) No. 1879/2025


Date of Pronouncement: 18.10.2025
                                                          Uploaded on: 20.10.2025

   1. The UT of Jammu and Kashmir                          ...Applicant(s)/Petitioner(s)
      through its Commissioner/Secretary,
      Jal Shakti Department Civil Secretariat,
      Jammu/Srinagar 180001
   2. The Chief Engineer,
      Jal Shakti Department, Jammu- 180002
   3. The Executive Engineer,
      Mechanical Division R.T.I.C Kathua-
      184108


                            Through :- Ms. Monika Kohli, Sr. AAG

                           v/s
  Harbans Singh                                              ...Respondent(s)
   S/o Sh. Balwant Singh,
   R/o ward No. 14, Satwan Chak,
   Post Office Hatli Morh Tehsil and District
   Kathua- 184102
Through:-                          Mr. Qayoom Choudhary, Advocate.

CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
       HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE

                                 ORDER(ORAL)

Sanjeev Kumar-J

1. Impugned in this petition filed by UT of J&K under Article 226 of the

Constitution of India is an order dated 30.08.2024 passed by the Central

Administrative Tribunal, Jammu Bench, Jammu [hereinafter referred to

as "the Tribunal"]in OA No. 61/957/2024titled "Harbans Singh Vs.

UT of J&K and Ors", whereby the Tribunal has, while allowing the OA

of the respondent directed the petitioners to treat the same as

representation for claiming the fixation of pension as per last pay drawn

including the benefit of SRO 149/1973 keeping in view the provisions of

Article 242, JKCSR and the judgment passed by the Tribunal in case of

"Parveen Kumar Vs. UT of J&K and Ors."in OA No. 470/2022, dated

23.08.2023 and decided the matter, accordingly, by passing a reasoned

and speaking order.

2. It has been brought to our notice that the judgment passed by the

Tribunal in Parveen Kumar's case (supra) has been modified by this

Court in WP(C) No. 1376/2025 dated 14.10.2025.

3. In view of the aforesaid changed position, this petition is disposed of by

providing that the petitioners shall pass a fresh speaking order, keeping

in view the judgment passed by this Court in WP(C) No. 1376/2025

within period of four weeks.

4. Disposed of alongwith connected applications, if any.

5. Impugned judgment is modified to the aforesaid extent.

                           (Sanjay Parihar)           (Sanjeev Kumar)
                                 Judge                    Judge

JAMMU
18.10.2025
Rahul



                                    Whether the order is speaking? : Yes/No

Whether the order is reportable? : Yes/No