Abdul Hamid Ahanger vs Irrigation And Flood Control Department

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(CAT) 4505

CENTRAL ADMINISTRATIVE TRIBUNAL SRINAGAR BENCH, SRINAGAR O.A. No. 286/2025 Date of Order: 2nd April, 2025 C O R A M HON’BLE MR. D.S. MAHRA, MEMBER(JUDL.)
Abdul Hamid Ahanger, Age 63 Years S/o Mohammad Khalil Ahanger R/o Drabgam Tehsil Rajpora District Pulwama Pin Code: 192306.
……Applicant By Advocate :
Mr. Mudasir Bin Hasan VERSUS
1. Union Territory of J&K through Commissioner /
Secretary to Government, Irrigation and Flood Control Department, (Now Jal Shakti Department) J&K Civil Secretariat Srinagar/ Jammu;
Pin Code: 190001
2. Chief Engineer Irrigation and Flood Control Department, (Now Jal Shakti Department) Engineering Complex near Silk Factory Road, Rajbagh Srinagar;
Pin Code: 190008
3. Superintending Engineer, Hydraulic Circle, Pulwama Pin Code: 192301 ..….Respondents By Advocate :-
Mr. Waseem Gul, GA

O R D E R (ORAL)

D.S. MAHRA, MEMBER [JUDL.]

01. Learned counsel for the applicant submits that the applicant superannuated in 2022, and the respondents have now raised a demand for recovery, alleging that the benefit of SRO 59 was wrongly extended to him. He further submits that it would suffice if a direction is issued to the respondents to reconsider the applicant's claim, particularly in light of the judgments of the Hon’ble Supreme Court in State of Punjab and Others v. Rafiq Masih (White Washer), (2015) 4 SCC 334, and Thomas Daniel v. State of Kerala and Others, 2022 SCC OnLine SC 536, within a stipulated time and in accordance with the law.

02. Mr. Waseem Gul, GA, appears for the respondents

03. In view of the limited prayer made by the Learned counsel for the applicant, the respondents are directed to reconsider the applicant's claim, specifically in light of the judgments of the Hon’ble Supreme Court in State of Punjab and Others v. Rafiq Masih (White Washer), (2015) 4 SCC 334, and Thomas Daniel v. State of Kerala and Others, 2022 SCC OnLine SC 536. A reasoned and speaking order shall be passed within eight weeks from the date of receipt of a certified copy of this order, in accordance with the law.

04. With this, OA No. 286/2025 is disposed of accordingly.

No orders as to costs.

(D.S. MAHRA) Member(Judl.) DEVENDRA TRIPATHI Devendra Digitally signed by Devendra Tripathi Tripathi Date: 2025.04.23 17:01:33 +05'30'

Click Here to Read the rest of this document