IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 28.11.2025 Pronounced on:05 .12.2025 Uploaded on: 05.12.2025 Whether the operative part or full judgment is pronounced: Full WP(C) No.2266/2022 GHULAM NABI DAR & OTHERS ... PETITIONER(S)/APPELLANT(S)

Through: - Mr. Hilal Ahmad Wani, Advocate.

Vs.

UT OF J&K & OTHERS …RESPONDENT(S)

Through: - Mr. Faheem Nisar Shah, GA CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1) The petitioners, through the medium of present petition, have sought a direction upon the respondents to pay them the arrears of salary with effect from 12/1998 to 26.10.2007. A further direction commanding the respondents to give the benefit of order dated 29.05.2019 passed by this Court in CPSW No.718/2017 by releasing the salary in favour of the petitioners for the aforesaid period, has also been sought.

2) The facts emanating from the pleadings of the parties are that the petitioners were ex-employees of the Jammu and Kashmir Cooperative Consumer Federation Limited (CONFED) which was wound up in the year 1999 in terms of Cabinet decision dated 15.07.1999. The said decision provided for winding up of the CONFED and it was also stipulated that the employees would be suitably adjusted. The department was directed to submit a detailed proposal at the earliest. Another Cabinet decision was taken on 24.04.2002 and it was decided that a Golden Handshake Scheme for Cooperative institutions should be financed from sale of their assets and government funding would not be available for this purpose. Accordingly, the Divisional Commissioners of Jammu and Kashmir were asked to evaluate the assets of the Apex Cooperative institutions and submit a report to the Government.

3) It is case of the petitioners that despite a series of meetings having been held by the officers of the Government with the employees, the grievances of the employees were not redressed and this prompted the employees including the petitioners to file a writ petition bearing SWP No.1839/199 before this Court. The said writ petition came to be decided on 30.09.2005, with the following directions:

“1) The Government shall implement the Cabinet Decision No. 109/12 dated 15.07.1999 and for that purpose should constitute a committee of officers within a period of one month from the date copy of the order is served on the respondents.

2) The committee so constituted shall look into the suitability of the petitioners for their permanent adjustment in the Govt. Department. The committee shall find out as to whether the petitioners were suitable for their adjustment in the Govt. department i.e. whether they fulfil the other conditions such as qualification, health conditions, permanent residence etc. for Govt. employment. Those who are found suitable, should be offered posts commensurate with their qualification and the pay scale which they were holding in the CONFED. Those not found suitable for government job due to lack of qualification or any other reasonable cause shall be offered the Golden Handshake and for that purpose scheme be formulated within a period of three months from the date of the order is served on the Respondents.

3) Those employees of the CONFED who have at any stage accepted the offer or asked for the Golden Handshake Scheme shall be given the benefit of the same and modalities thereof shall be formulated within three months from the date this order is served on the respondents. With these observations the writ petition is disposed of."

4) The aforesaid judgment came to be challenged by the Government of Jammu and Kashmir by way of LPA No.294/2005 and the same was disposed of on 08.05.2006, in terms of the following directions:

“We, accordingly, dispose of this appeal by providing that the report submitted by the Committee constituted by appellants in compliance to the impugned Writ Court judgment shall be placed before the Cabinet within two months from the date..."

5) It is submitted that after passing of aforesaid direc