Amarjeet Singh vs Union Territory Of J&K & Ors.

Rajinder Singh Dogra, Member J

The present Original Application has been filed by the applicants under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-

i. Direct the respondents to fix the pension of applicant strictly on the basis of last pay drawn by the applicant i.e. Rs.48,900/- as recorded in the service book duly verified. Keeping in view the judgment by the Apex Court in Case of State of Punjab V/s Rafiq Masih and WP(c) No 1719/2025 vide judgment dated 26-03-2025;

ii. Direct the respondents to release the pension amount to the applicant and pensionary benefits strictly by taking into consideration the last pay drawn by the applicant i.e. Rs.48,900/-;

iii. Direct the respondents to refund the amount recovered iv) from the salary /pensionary benefits of the applicant within stipulated period of time alongwith interest @ 7.5% per annum from the date the amount was withheld until the date of actual payment to the applicant;

iv. Direct the respondents to release the benefit of SRO149 of 1973 (Pay Revision Rule) in favour of applicant w.e.f. the date of his entitlement alongwith all consequential benefits;

v. Direct the respondents not to confine the pension of the applicant by ignoring the benefit of SRO-149of 1973;

Any other order or direction which the Hon'ble court may deem fit and proper in the given facts and circumstances of this case may also be issued in favour of the applicant and against the respondents, the same would be in consonance with law and justice.”

At the outset, learned counsel for the applicant submitted that the applicant would be satisfied, and it would meet the ends of justice, if this Original Application is disposed of with a direction to the respondents to treat this OA as a representation of the applicant and decide the same within a stipulated timeframe.

Considering the submission made by the applicant’s counsel, we deem it appropriate to dispose of the instant Original Application with the direction to the respondents to treat a copy of this OA as a representation of the applicant and decide the same by passing a reasoned and speaking order.

While deciding the representation of the applicant, the respondents shall take into account the judgment rendered by the Hon’ble High Court of J&K, dated 26.03.2025, titled UT of J&K Vs. Joginder Paul. Further, the respondents shall also keep in view the law laid down by the Hon’ble Supreme Court in State of Punjab Vs. Rafiq Masih (White Washer), AIR 2015 SC 696.

The whole exercise shall be undertaken within a period of four weeks from the date of receipt of a copy of this order.

Disposed of. No costs.