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Jammu & Kashmir High Court
Vijay Bhushan & Ors vs S. S. Kapoor & Ors on 10 March, 2026
Author: Sanjay Dhar
Bench: Sanjay Dhar
Regular List
Sr. No. 31
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CPSW No. 173/2010 in
SWP No. 44/2009
c/w
CPSW No. 188/2010
Vijay Bhushan & Ors. .....Petitioner(s)
Through: Mr. Rahul Pant, Sr. Advocate with
Mr. Dhruv Pant, Advocate.
Vs
S. S. Kapoor & Ors. ..... Respondent(s)
Through: Mr. Suneel Malhotra, GA.
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
10.03.2026
01. Through the medium of present petition, the petitioners are
seeking implementation of judgment dated 08.04.2010 passed by
the writ court whereby the following directions were issued:
"In these circumstances, I find it just and proper to direct
the Administrative department to place the matter before
Public Service Commission/DPC for its examination and
final orders. Accordingly, all these petition are disposed of
on the consensus of learned counsel for the parties, with
the direction to the official respondents to place the matter
along with final seniority list of all the Gazetted officers
prepared by the official respondents who are in the zone of
consideration before the State Public Service
Commission/DPC within a period of two weeks from the
date copy of this order is served upon them. The State
Public Service Commission/DPC shall finalize the matter
within a period of six weeks from the date it is placed
before it. The State-Public Service Commission/DPC shall
on finalization, make recommendation to the Government
for appropriate orders. Meanwhile, Govt. Order No. 279-
Agri of 2008 dated 07.10.2008 impugned in these petition
shall remain subject to outcome of the finalization of the
matter by the Public Service Commission/ DPC."
02. In the statement of facts filed by the respondents, it has
c/w
been submitted that there are a number of cases pending before
this Court and before the Central Administrative Tribunal (CAT)
on the issue, details of those cases have been given in paras (5) &
(6) of the status report.
03. It has been submitted that an order of the status quo has
been passed in LPASW No. 53/2015 and, therefore, the process of
regularization and issuance of seniority list of Gazetted Cadre of
Agriculture Production Department in accordance with the
judgment of the writ court could not be finalized.
04. Learned Senior counsel appearing for the petitioners has
submitted that one can understand that the respondents are not
able to finalize the process of the finalization of the seniority list
and regularization of the petitioners because of the pendency of
the litigation on the subject but the respondents cannot stop the
release of salary in accordance with the pay scales granted to
them in terms of Government Order No. 279-Agri of 2008 dated
07.10.2008, as the writ court has made it clear that the said
order shall remain subject to outcome of the finalization of the
matter by the Public Service Commission/DPC.
05. The respondents in their statement of facts have not given
any justification for withholding of pay scales in terms of the
aforesaid order dated 07.10.2008.
06. The respondents are, therefore, directed to file an affidavit
c/w
indicating therein the reasons as to why the aforesaid order dated
07.10.2008 is not being implemented so far as release of salary in
favour of the petitioners is concerned.
07. The requisite affidavit shall be filed by the respondents by or
before next date of hearing.
08. Be listed on 10.04.2026.
(SANJAY DHAR)
JUDGE
Jammu
10.03.2026
Shivalee
