Shrist Pal Sharma vs Union Territory Of J&K Through
2026 Latest Caselaw 10 J&K

Jammu & Kashmir High Court

Shrist Pal Sharma vs Union Territory Of J&K Through on 16 January, 2026

Author: Rahul Bharti

Bench: Rahul Bharti

 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT JAMMU

Case:-   WP(C) No. 1677/2021

Shrist Pal Sharma, Age 62 years                      .....Petitioner(s)
S/o Late Sh. Baij Nath
R/o Dayala Chak Road Hira Nagar, Kathua.



                 Through: Mr. Surjeet Singh Andotra, Advocate
                          with Mr. Sahil Sharma, Advocate.

                    Vs

  1. Union Territory of J&K through
     Commissioner/Secretary to Govt.,
     Finance Department, Jammu.
     Pin 180001.

  2. Vice Chairman
     Jammu Development Authority, Jammu
     Vikas Bhawan, Rail Head Complex,
     Jammu. Pin Code 180016.

  3. Secretary
     Jammu Development Authority, Jammu
     Vikas Bhawan, Rail Head Complex,
     Jammu. Pin Code 180016.

  4. Account Officer,
     Jammu Development Authority, Jammu
     Vikas Bhawan, Rail Head Complex,
     Jammu. Pin Code 180016.

  5. Deputy Director, Local Fund Audit and
     Pension, Jammu.
     Pin 180001.



                                                  ..... Respondent(s)

                 Through: Mr. KDS Kotwal, Dy. AG for 1 & 5.
                            Mr. Adarsh Sharma, Adv. for R-2 to 4.
                                  2                WP(C) No. 1677/2021




Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                              ORDER

(16.01.2026)

1. The grievance which has led the petitioner to the institution

of present writ petition is sourced to an order No. 15 of JDA

2020 dated 10.07.2020 passed by the respondent No. 2-

Vice Chairman/Vice Chairperson, Jammu Development

Authority (JDA) in terms whereof the service book entries

relatable to the petitioner have been revised on three aspects

post his retirement which came to take place on 30.04.2019

thereby leaving the petitioner purportedly aggrieved as an

off-shoot of the revision of Service Book entries relatable to

the petitioner is going to be purported recovery to be effected

against the petitioner's post retiral benefits.

2. The petitioner came to be in the employment of the Jammu

Development Authority (JDA), as Chowkidar on Daily Wage

basis for Shopping Complex Nehru Market in terms of an

Order No. 4074-77 dated 08.03.1978 passed by the

Executive Engineer, JDA.

3. The petitioner's said engagement was meant from

01.03.1978 to ending March, 1978. However, by virtue of

an Order No. 6269-72 dated 11.11.1978 again passed by

the Executive Engineer, JDA, the petitioner, though holding

the assignment of Chowkidar but being a matriculate came

to be assigned the job of Junior Assistant, SDC Sub Division

No. III on account of creation of a new Sub Division.

4. The assignment of work as Junior Assistant in favour of the

petitioner was supposed to be on Consolidated Pay basis

w.e.f., 11.11.1978 onwards and was meant to be purely on

temporary basis.

5. The petitioner, having invested a good number of years

working as Junior Assistant in terms of assignment so made

vide Order No. 6269-72 dated 11.11.1978, came forward

with institution of a writ petition-SWP No. 646 of 1985

before this Court filed on 19.07.1985 thereby seeking a writ

of mandamus unto the JDA to give him grade of Rs. 410-

700 as well as his co-petitioner Mr. Ashok Kumar in the said

writ petition claiming on the basis of their appointment as

Junior Assistants and in parity with the respondents No. 2

to 4 as named in the said writ petition being beneficiary of

the said pay scale as against the said two petitioners being

paid on consolidated basis.

6. While the aforesaid writ petition-SWP No. 646 of 1985 was

pending adjudication, by virtue of an Order No.

JDA/Estt/471-75 dated 22.09.1987, Secretary, JDA came

to pass an order with respect to regularization and

absorption of Class-IV employees in the grade of Rs. 345-

460 pre-revised (630-940 post revised) w.e.f., 24.08.1987.

7. In terms of said order, the petitioner, figuring at serial No. 2

in the list of five employees, thus, purportedly, came to be

regularized against Class IV post w.e.f., 24.08.1987 but the

petitioner somehow continued to be posted and working as

Junior Assistant never dislodged or displaced from his said

assignment by reference to his regularization against Class-

IV post in terms of said Order No. JDA/Estt/471-75 dated

22.09.1987.

8. In the meantime, the writ petition-SWP No. 646 of 1985 filed

by the petitioner herein along with the co-petitioner therein

came to be allowed by the writ court in terms of a judgment

dated 09.03.1988 whereby the JDA came to be directed to

grant to the petitioner and his co-petitioner the same grade

as granted to the respondents No. 2 to 4 from the date of

institution of the writ petition in particular w.e.f.,

01.08.1985 along with all consequential benefits.

9. This judgment dated 09.03.1988 of the writ court attained

finality as a result whereof the respondent No. 2-Vice

Chairman/Vice Chairperson, JDA, by virtue of an Order No.

JDA/Estt/PF/2384-86 dated 24.02.1989, came to order

regularization of the petitioner as Junior Assistant w.e.f.,

01.08.1985.

10. In the course of his service, the petitioner came to be

admitted to the benefits of Jammu and Kashmir Civil Service

(Higher Standard Pay Scale) Rules, 1996 promulgated vide

SRO No. 14 dated 15.01.1996 and in this regard, by virtue

of an Order No. JDA/Estt./1020-27 dated 01.07.1996

passed by the respondent No. 2-Vice Chairman/Vice

Chairperson, JDA, the petitioner earned 1st In situ

promotion to the pay scale of Rs. 1200-2040 w.e.f.,

01.01.1995 followed by 2nd In situ promotion w.e.f.,

01.12.1999 in terms of an Order No.JDA/Estrb/04-07

dated 12.06.2002.

11. The petitioner came to be placed and posted as Head

Assistant Level-6 in the Pay Scale of Rs. 9300-34,800 +

4000 (revised) by virtue of an order dated 03.10.2016

passed by the Secretary, JDA at which post the petitioner

came to superannuate on 30.04.2019 by virtue of an Order

No. JDA/Estb/998-1002 dated 09.03.2019 and

accordingly the last pay certificate of the petitioner as Head

Assistant Level-6 came to be issued with the following

breakup of his last pay status:

    Basic                             Rs. 55200
    DA                                Rs. 6624/-





    MA                                    Rs. 300
    CCA                                   Rs. 120
    HRA                                   Rs. 8832
    Total                                 Rs. 71,076/-

12. The last pay certificate of the petitioner to the aforesaid

effect was sent by the respondent No. 2-Vice Chairman/Vice

Chairperson, JDA to the respondent No. 5-Deputy Director,

Local Fund Audit and Pension, Jammu for the purpose of

processing the pension post retiral benefits of the petitioner.

13. Accounts Officer, Jammu Development Authority (JDA), by

virtue of letter No. JDA/ACCTTS/2019-20/399-400 dated

17.07.2019 recommended the case of the petitioner for

authorization of pensionary benefits to the Local Fund Audit

and Pensions office, Jammu.

14. The respondent No. 5-Deputy Director, Local Fund Audit

and Pensions, Jammu in turn came forward with a

communication No. LFAP/J/2019-20/2030 dated

17.09.2019 addressed to the Vice Chairman/FA & CAO,

Jammu Development Authority. For the sake of reference,

the contents of said communication are reproduced as

under:

".......Kindly refer to your letter No. 2019-20/399-400 dated 17.07.2019 regarding the subject cited above in this context it is intimated while scrutinizing the service book of retiree it reveals that:-

1. The official regularized on 24.08.1987 and promoted Jr. Assistant on 01.08.1985 which is contradictory.

2. His consolidated service which has taken into account while sanctioning IInd HSPS.

As such you are requested to record the appointment of retiree in S.B and also review the consolidated service sanctioned for IInd HSPS which is inadmissible and excess drawn along with recovery if any."

15. Purportedly acting by reference to said communication No.

LFAP/J/2019-20/2030 dated 17.09.2019 of Deputy

Director, Local Fund Audit and Pensions, Jammu, the

respondent No. 2- Vice Chairman/Vice Chairperson, Jammu

Development Authority (JDA) came forward with re-writing

of service book entries of the petitioner to his prejudice and

thus passing the impugned order No. 15 of JDA of 2020

dated 10.07.2020.

16. In terms of the impugned order, the Vice Chairman/Vice

Chairperson, Jammu Development Authority (JDA) has

ascribed the date of regularization of the petitioner in the

pay scale of 410-10-440-12-560 EB 16-700 w.e.f.,

01.08.1985 as per the directions of the High Court of

Jammu and Kashmir in writ petition OWP No. 646 of 1985

as against the original entry of promotion of the petitioner as

Jr. Assistant in the pay scale of 410-10-440-12-560 EB 16-

700 w.e.f., 01.08.1985 (F.N) vide Vice Chairman/Vice

Chairperson JDA's No. DA/Esstb/PF/2384-86 dated

24.02.1989.

17. In addition, the service book entry of regularization of the

petitioner from consolidated pay as Class-IV in the Pay Scale

of 630-940 vide Secretary JDA's Order No. DA/Estb/471-75

dated 22.09.1987 was declared as null and void.

Consequent direction in the impugned order is with respect

to 2nd Higher Standard Pay Scale of 4500-125-7000 (In situ

promotion) sanctioned in favour of the petitioner as Jr.

Assistant granted w.e.f., 01.12.1999 to be read as

01.09.2003 and this carries the potentiality of recovery

against the petitioner being effected leaving the petitioner

bothered to come forward with the writ petition seeking the

following reliefs:

(i) To quash impugned order no. LFAP/J/2019-20/2030 dated 17.09.2019 issued by Deputy Director, Local Fund Audit and Pensions, Jammu.

(ii) To quash impugned order No. 15 of JDA 2020 dated 10.07.2020 with regard to entry no. 03 by virtue of which IInd HSPS of 4500-125-7000 (in situ promotion) sanction in favour of petitioner vide order no. JDA/ESTB/04-07 dated 12.06.2002 may be read as 1/09/2003 instead of 1/12/1999 as irrational, ultravirus, unconstitutional and contrary to the provision of law.

(iii) To quash then impugned order No. PPO No. 542106393-JDA dated 26.09.2020 by virtue of which the pension was fixed by the concerned respondents.

(iv) With a further direction to the respondents to pay the arrears of pension after fixing the same as per the last pay drawn by the petitioner and gratuity withheld by the respondents and revised cash in lieu of leave along with interest @ 20% per annum till the same is actually released and paid to the petitioner.

(v) With a further direction to the respondents to pay back the amount of Rs. 1,40,194/- along with interest @ 20% illegally deducted from petitioner by the respondents at the time of settlement of pension claim.

18. In support of his case, the petitioner has referred the

judgment of the Hon'ble Supreme Court in the case of State

of Punjab and Ors Vs. Rafiq Masih, AIR 2015 SC 696

declaring the position of law that no recovery to be effected

by an employer if excess payment has been made to an

employee without any act of omission or commission having

taken place at the end of an employee. In addition, the

petitioner also refers to the judgments of this Court in SWP

Nos. 1128/2010, 1130/2010 and 1686/2013.

19. The respondents No. 2 to 4 have come forward with reply to

the writ petition whereas, respondent No. 5 has come

forward with his own reply. In the reply, it is being stated

that on the basis of revision of date of In situ promotion

reckoning instead of 01.12.1999 to 01.09.2003, an excess

drawn amount of Rs. 1,40,194/- is recoverable from the

pensionary benefits of the petitioner.

20. It has been stated that pensionary benefits have been

authorized in favour of the petitioner as ex-Head Assistant,

JDA vide PPO 542106393 JDA dated 26.09.2020 read with

office letter No. 880-82 dated 05.10.2020. On the part of the

respondents No. 2 to 4 i.e., the officials of the JDA, the

revision of in situ promotion date is being defended.

21. A bare perusal of the impugned order no. LFAP/J/2019-

20/2030 dated 17.09.2019 issued by Deputy Director, Local

Fund Audit and Pensions, Jammu would show that it is

nothing but a cover up by the JDA on its own act of

omission and commission to the prejudice of the petitioner.

The petitioner is not the author of his own service record

book. It is the concerned establishment of the JDA which

was supposed to remain alert and alive to the corresponding

developments related to the service career of the petitioner in

the context of his original engagement followed by

subsequent postings and then the judgment of this Court

passed in writ petition OWP No. 646 of 1985 which attained

finality to be given effect to without any dilution.

22. Furthermore, the petitioner was not extended the courtesy of

even being heard by the Vice Chairman/Vice Chairperson of

JDA and that also renders the impugned order vitiated with

serious illegality.

23. There is no doubt to the fact that the grievance of the

petitioner is fully secured by the verdict of the Hon'ble

Supreme Court of India in the case of State of Punjab and

Ors Vs. Rafiq Masih, AIR 2015 SC 696.

24. In the light of the aforesaid, the writ petition is allowed.

Impugned order no. 15 of JDA 2020 dated 10.07.2020 is

set aside by reference to entry No. 3. There shall be no

change of date with respect to the benefit of in situ

promotion accorded to the petitioner and pension case of the

petitioner to be processed accordingly.

25. Disposed of accordingly.

26. The detailed order is following the order dated 27.05.2024

vide which the petition was ordered to be allowed as is

hereby being done.

(RAHUL BHARTI) JUDGE JAMMU 16.01.2026 Naresh/Secy

Whether order is speaking: Yes/No Whether order is reportable: Yes/no