CENTRAL ADMINISTRATIVE TRIBUNAL SRINAGAR BENCH, SRINAGAR O.A. No. 512/2025 Date of Order: 20th May, 2025 C O R A M HON’BLE MR. D.S. MAHRA, MEMBER(JUDL.)

1.Mohammad Shafi Budoo (Aged 61 years)

S/o: Ghulam Ahmad Budoo R/o: Syed Sahib Rajouri Kadal, Srinagar-190002

2.Mohammad Shafi Rather (Aged 61 years)

S/o: Late Ghulam Qadir Rather R/o: At present Abubakar Colony Naik Bagh Nowgam Srinagar-190015.

……Applicants By Advocate :

Mr. Hilal Ahmad Wani VERSUS

1.UT OF Jammu & Kashmir through its Principal Accountant General, J&K, Srinagar -190001

2.Sr. Accountant Officer (Pension) (PNR)

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3.Chief Engineer, MPGSY Raj Bagh Srinagar-190008.

4. Superintending Engineer( PMGSY) Circle Raj Bagh, Srinagar-190008

5. Executive Engineer PMGSY Ganderbal-191201

6. Executive Engineer PMGSY Budgam-191111 ..….Respondents By Advocate :-

Mr. Rais Ud Din Ganaie, DAG Mr. Jeetender Singh

O R D E R (ORAL)

D.S. MAHRA, MEMBER [JUDL.]

01. Learned counsel for the applicants submits that the applicants attained superannuation on 31-11-2024 and 31- 03-2025. The respondents had granted them the benefit of SRO 59 of 1990, dated 06.02.1990. Upon their retirement, their cases for retiral benefits were duly forwarded to respondent Nos. 1 & 2 and however, these respondents, without any authority or jurisdiction, released the pensionary benefits while unlawfully excluding the pay revision benefits granted to them under SRO 59 of 1990.

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4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309 Tripathi ae27cb, CN=Devendra Tripathi Reason: I am the author of this document

02. He further submitted that in identical matters, the Central Administrative Tribunal, Jammu Bench, in its order dated 18-09-2024, passed in OA No. 1284/2021, directed the respondents not to recover any amount from the applicants and to release the retiral benefits, including those granted under SRO 59 of 1990 and the judgment passed by the Hon’ble High Court of J&K in WP(C) No. 296/2024 decided on 28-08-2024 title as Jamsheed Ahmad Khan Vs. Commissioner Secretary to Govt. & Ors. by directing the respondents to pay all the retiral benefits to the applicant without deducting the benefits extended to them under SRO 59 of 1990 dated 06-02- 1990. Additionally, this Tribunal, in similarly situated cases OA No. 592/2023, titled Mehraj-ud-Din and Ors. vs. UT of J&K & Ors., decided on 27-09-2024, and OA No. 51/2025, decided on 28-01-2025 also directed the respondents to release all benefits to the applicants in accordance with the pay revision granted under SRO Devendra D Di Ng :it a Cl =ly I Nsi ,g One =d P eb ry s oD ne av le , n Td =r 5a 4 T 4r 8ip , a Ot Ih Di .2.5.4.65=

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59 of 1990

03. Learned counsel for the applicants has fairly submitted that it would suffice if the respondents are directed to release the pensionary benefits in favor of the applicants as per the pay revision granted under SRO 59 of 1990, dated 06.02.1990, and in light of the orders passed by this Tribunal in OA No. 592/2023, Mehraj-ud-Din and Ors. vs. UT of J&K & Ors., decided on 27.09.2024, OA