Reserved on 11.02.2026 Central Administrative Tribunal Jammu Bench, Jammu Hearing through video conferencing O.A. No. 61/817/2025 Pronounced on :- This the 26th day of February 2026 Hon’ble Mr. Sanjeev Gupta, Judicial Member

1. Bashir Ahmed Wani, S/o Ghulam Mohd Wani, R/o Nehoch, Tehsil Mahore, District Udhampur, Age 63 years.

...Applicant (Through Advocate: Mr. C M Koul, Sr. Advocate assisted by Mr. A R Bhat)

Versus

1. Union Territory of J&K through Commissioner/Secretary to Government, Department of Animal and Sheep Husbandry Department, Civil Secretariat, at present at Jammu.

2. Director, Sheep Husbandry Department, Jammu.

3. Assistant Director, Sheep Breeding Farm, Panthal District Udhampur.

4. Senior Accounts Officer (PNRJ-4), Office of the Accountant General, (A&E), J&K, Jammu …Respondents (Through Advocate: Mr. Rajesh Thapa, A.A.G/Mr. Sumant Sudan)

ARUN O R D E R The present Original Application (in short O.A.) has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-

“8.1 That the petition/applicant herein is aggrieved of the order No. 42-SHDJ of 2022 dated 24.03.2022 pursuant to which wrongly, illegally, arbitrarily and in patent repugnance/violation of the Corrigendum to order No. 429-SHDJ of 2018 dated 28.02.2018 the petitioner/applicant has been held to be not in possession of the qualifying service for entitlement of pension and therefore, the petitioner has been illegally and arbitrarily denied the pension as on today.

8.2 The petitioner has not been provided with the cash in lieu service benefits those accrued to the petitioner/applicant upon holding that the petitioner/applicant was in possession of qualifying service entitling him to receive the pension i.e. 27 years of uninterrupted service.

a. The petitioner/applicant is also aggrieved of the order dated 07.05.2022 issued by the Senior Accounts Officer (PNRJ-4), in the office of the Principal Accountant General (A&E), J&K, Jammu holding illegally, arbitrarily and erroneously that the petitioner was not in possession of 05 years or more service at the time of his superannuation and consequently the petitioner/applicant came to be denied the service gratuity as well.

The petitioner accordingly prays that all the impugned orders referred herein above may kindly be quashed/set-

aside, in the interest of justice.

b. The Hon’ble Tribunal may further be pleased to direct the respondents to release/disburse the appropriate amount of pension to the petitioner to which the petitioner is entitled upon treating the petitioner to be in possession of the required service entitling him to receive the pension and other retiral benefits.

ARUN c. The Hon’ble Tribunal may also be pleased to direct the respondents to release the appropriate amount of cash in lieu of service in favour of the petitioner as the petitioner has the requisite service to his credit entitling him to receive the full and complete cash in lieu of service.

d. The Hon’ble Tribunal may also be pleased to direct the respondents to release the complete gratuity in favour of the petitioner as the petitioner is in possession of the required service at the time of his superannuation of service.”

2. The brief facts of the case, as stated in the O.A. are that earlier being aggrieved of the action of the respondents of terminating him from service vide order dated 31.08.1994, the applicant had approached the Hon’ble High Court of Jammu and Kashmir by filing WP (C) No. 259/2003. The said Writ Petition came to be allowed by the Hon’ble High Court vide order dated 30.04.2010 (Annexure A/2 to the O.A.), wherein the Hon’ble High Court quashed the order of termination and restored the position of the applicant as he was holding on 31.08.1994, but without entitlement to any back wages for the period he has not worked. Thereafter, the respondents challenged the aforesaid order dated 30.04.2010 before the Division Bench of the Hon’ble High Court by filing LPA (SW) 63 of 2010 w