Ut of Jammu and Kashmir and Ors. Vs Abdul Rashid Lone and Ors.

In this petition, filed by the Union Territory of J & K & Ors. under Article 226 of the Constitution of India, an order and judgment dated 19.11.2024 passed by the Central Administrative Tribunal, Jammu Bench at Jammu [“ the Tribunal ”] in O.A. no. 515/2024 titled Abdul Rashid Lone & Ors. Vs. UT of J&K & Ors., is assailed. The Tribunal has allowed the O.A. of the respondents and issued the following directions.

(i) The impugned order of recovery qua the application is quashed and set aside and the respondents are directed not to recover any amount from the pay/pensionary benefits of the applicants.

(ii) The respondents are directed to restore the pay/pension of the applicants which they were getting prior to the issuance of the impugned order.

(iii) The amount recovered from the pay/pensionary benefits of the applicants, shall be refunded preferably within two months from the date of receipt of a certified copy of this order.

(iv) In the cases, where applicants have already retired, the respondents shall pay pension to the applicants on the basis of last pay drawn by the applicants.

The petitioners are aggrieved and have called in question the judgment impugned, particularly to the extent of direction Nos. (ii) and (iv) on the ground that the Tribunal has failed to appreciate that no law debars an employer to correct its mistake and re-fix the salary of the employee after retirement, which is wrongfully fixed during his service career.

3 WP(C) No. 1189/2025

Per contra , learned counsel appearing for the respondents would submit that apart from the issue of wrong fixation of salary, there was an issue of third in-situ promotion, also raised by the respondents in the O.A., which has not been dealt with by the Tribunal. It is argued that even if it is conceded that the salary was wrongfully fixed by the petitioners during his service career under SRO 59 of 1990, yet the respondents would be entitled to third in-situ promotion and that would again bring their pay and salary to the same level.

Having heard learned counsel for the parties and perused material on record, we are of the considered opinion that the issue with regard to the entitlement of the respondents to third in-situ promotion has been specifically raised by the respondents in the OA. As a matter of fact, there is specific prayer made by the respondents for grant of third i nsitu promotion in their favour.

In view of this, this petition is allowed and impugned judgment and order passed by the Tribunal is set aside. The matter is sent back to the Tribunal to adjudicate afresh, inter alia , the issue of entitlement of the respondents to third in-situ promotion , as claimed by them in the O.A. The parties to appear before the Tribunal on 31.10.2025.

6. Disposed of

	(Sanjay Parihar) Judge
Jammu
14.10.2025
Vishal Sharma
	Whether the order is reportable:	Yes/No
	Whether the order is speaking:	Yes/No

Ut of Jammu and Kashmir and Ors. v. Abdul Rashid Lone and Ors.