Mst. Jana Vs Union Territory of J and K and Ors. (Housing and Urban Development)

The Petitioner, through the medium of this Petition, seeks a direction in the nature of mandamus commanding the Respondents to make necessary entries into the service book of the Petitioner by taking into account all the periodical increments and SROs to which she was entitled and, accordingly, refix the salary of the Petitioner. Simultaneously, the Petitioner also seeks a direction upon the Respondents for release of pensionary benefits in her favour without any further delay, along with interest.

In the Petition, the Petitioner has stated that she came to be engaged by the Respondents in the year 1993 as a Sweeper vide Order No. ULB/ESTT/1948/90 dated 28^th of June, 1993 issued by the Director, Urban Local Bodies, Kashmir, whereafter, her services were regularized in the year 2002 vide Order No. ULB/ESTT/1948/II/1140 dated 29^th of May, 2002. It is further stated by the Petitioner that she has, now, retired from service on reaching the age of superannuation on 31^st of August, 2025.

The grievance projected by the Petitioner, in this Petition, is that the Respondents have not released the revised salary in her favour as per the applicable increments and SROs nor her case for pensionary benefits is being processed by the Respondents.

Mr Faheem Nisar Shah, the learned Government Advocate, appearing vice Mr Ilyas Nazir Laway, Government Advocate, accepts notice on behalf of the Respondents.

Learned Counsel appearing for the Petitioner submits that the Petitioner shall feel satisfied in case the present Petition is disposed of at this stage, with a direction to the Respondents to consider the case of the Petitioner for release of revised salary and grant of pensionary benefits in her favour, as projected in this Petition, within some timeframe.

The learned Counsel appearing for the Respondents, on the other hand, has not raised any serious objection to the aforesaid submission made by the learned Counsel for the Petitioner in view of the regularization Order having been issued by the Respondents in favour of the Petitioner.

Given the facts and circumstances of the case and having regard to the submissions made by the learned Counsel appearing for the parties, the instant Writ Petition, at this stage, is disposed of a with a direction to the Respondents to consider the case of the Petitioner for release of revised salary as well as grant of pensionary benefits in her favour as per her entitlement and decide the same within a period of six months from the date of receipt of certified copy of this Order, along with a copy of this Writ Petition with all its annexures is made available to them. The Respondents, while according consideration to the case of the Petitioner, as aforesaid, shall also take into consideration the assertions made by the Petitioner in the instant Writ Petition as well as the documents annexed therewith.