Pension must be fixed based on SRO-149 benefits as per settled law, prohibiting any recovery from the retiree.

The applicant, a 59-year-old retired employee, approached the Tribunal seeking a re-fixation of his pensionary benefits, including the Pension Payment Order (PPO), Gratuity Payment Order (GPO), and Commutation Payment Order (CPO)

He contended that his pension should be calculated based on his last pay drawn certificate by incorporating the benefits of SRO-149 of 1973

The applicant further sought to restrain the respondents from effecting any monetary recovery from him following his retirement

The procedural history indicates that the underlying legal dispute regarding SRO-149 had been litigated extensively through the High Court of Jammu & Kashmir and the Supreme Court

1. Whether the applicant is entitled to the re-fixation of pension and consequential benefits by including the benefits of SRO-149 of 1973

2. Whether the respondents are legally permitted to effect recoveries from the applicant’s terminal benefits in light of established judicial precedents

The Tribunal applied the principle of stare decisis based on the judgment of the Hon’ble High Court in Provincial Power Employees Union of India v. State of Jammu and Kashmir and Ors. (08.05.2017), which was subsequently affirmed by the Hon'ble Supreme Court in The State of J&K and Ors. Vs. Provincial Power Employees Union and Ors., Civil Appeal No. 7992 of 2022, dated 04.02.2026

Regarding the issue of recovery, the court relied on the protective doctrines established in State of Punjab and Ors. v. Rafiq Masih (White Washer) (2014) and Thomas Daniel v. State of Kerala and Ors. (2022), which prohibit recoveries from retired employees or those nearing retirement where the excess payment was not due to the employee's fraud or misrepresentation

The Tribunal noted that the primary legal controversy regarding the application of SRO-149 of 1973 had been conclusively settled by the Hon’ble Apex Court's dismissal of the State’s appeal on 04.02.2026

Consequently, since the applicant is a similarly situated person to the litigants in the Provincial Power Employees Union case, the Tribunal found no reason to deviate from the established precedent

The Tribunal linked the facts of the applicant's service to the mandatory directions of the Supreme Court, reasoning that the respondents are duty-bound to forward a revised Last Pay Certificate (LPC) and service book to the Accountant General to ensure the pension reflects the mandated statutory benefits

The respondents were ordered to forward the revised LPC and service book to the Office of the Accountant General within four weeks to facilitate the issuance of revised PPO, GPO, and CPO. All actions must strictly adhere to the Supreme Court judgment dated 04.02.2026, and no costs were awarded