IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 27.11.2025 Pronounced on:11.12.2025 Uploaded on: 11.12.2025 Whether the operative part or full judgment is pronounced: Full WP(C) No.616/2021 c/w WP(C) No.391/2021 ABDUL MAJEED PARRAY HABIBULLAH BHAT & ORS.

...PETITIONERS/APPELLANT(S)

Through: - Mr. G. A. Lone, Advocate, with Mr. Mujeeb Andrabi, Advocate.

Vs.

UT OF J&K & ORS. …RESPONDENT(S)

Through: - Mr. Hakim Aman Ali, Dy. AG.

CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1) Through the medium of present judgment, the afore- titled two writ petitions raising similar issue are proposed to be disposed of.

2) WP(C) No.391/2021 has been filed as many as 59 employees of the J&K Sainik School, Mansbal, whereas WP(C) No.616/2021 has been filed Shri Abdul Majeed Parray who is also a retired employee of the J&K Sainik School, Mansbal. The reliefs prayed in both the writ petitions are similar. The petitioners have sought a direction upon the respondents to grant pensionary benefits to them on attaining the age of superannuation in accordance with the scheme as was in vogue before 2010 and also to provide arrears of pension on superannuation to those petitioners who have already retired from service. A further direction commanding the respondents to treat and adjust the CP Fund of the petitioners as General Provident Fund as is applicable to the Government employees has been sought. Grant of pensionary benefits to the petitioners on the pattern the said benefits are granted to the employees of the State Government, has also been sought.

3) The petitioners are serving/retired employees of the J&K Sainik School, Mansbal. It has been submitted that the said school has been established by the J&K State Government in the year 1980 vide Government Order No.1248-Edu of 1980 dated 05.08.1980 for the purpose of providing education and training to the students as is being done in Sainik schools elsewhere in the country. It is case of the petitioners that the administrative, financial and functional control of the school exclusively and pervasively vests with the State Government. It has been submitted that the employment at academic and administrative or other levels is to be made on the same pattern on which other Sainik schools of the Country are following. The qualification for recruitment of Teachers/Masters is the same as prescribed by the Central Board of School Education. The appointment is made through a duly constituted Selection Committee and the pattern of appointment of teaching and non-teaching staff in the J&K Sainik School Mansbal is the same as is prescribed in other Sainik schools of the Country. It has been submitted that the respondent school is a Government aided school and also receives contributions from various sources including the fee charged from the students. It is also being submitted that the capital expenditure of the school is being meted out of the funds provided by the State Government as grant-in-aid. Thus, the Government has a deep and pervasive control over the affairs of the society which governs the J&K Sainik School Mansbal. It has been submitted that the share capital, lands and buildings are provided by the Government and the society, which governs the school, operates on the finances provided by the Union Territory Government. Thus, according to the petitioners, the respondent Society is a “State” within the meaning of Article 12 of the Constitution.

4) It has been submitted that the retired and serving employees of the respondent School are getting pay and other emoluments including leave salary and gratuity upon their retirement but they are not getting any pension on superannuation. It has been submitted that on 29th July, 1988, the Government of India issued directions to the Principals of all Sainik schools thereby extending the benefit of pension on retirement to the Sainik school employees. In this regard a copy of communication dated 29^th July, 1988, has been placed on rec