Facts
The applicants (10 retired or retiring employees of the Jal Shakti/PHE Department, including Assistant Line Men and Motor Men) filed an Original Application seeking a direction to the respondents to fix their pensionary and post-retirement benefits based on their last pay drawn and to release all pending dues, arrears, and gratuity
Source reference: p. 1-4The dispute centered on the application of SRO 59 and the resulting impact on pay/pension fixation.
Source reference: no citationThe matter was heard via video conferencing on May 6, 2026
Source reference: p. 1Issues
1. Whether the respondents are entitled to recover excess amounts already paid to the employees under SRO 59
Source reference: p. 52. Whether the respondents have the authority to re-fix the pay/pension by excluding benefits previously (and allegedly erroneously) granted under SRO 59
Source reference: p. 53. Whether the applicants are entitled to the release of their pension and consequential benefits based on their actual last pay drawn after the exclusion of SRO 59 benefits
Source reference: p. 6Law Applied
The Tribunal applied Section 19 of the Administrative Tribunals Act, 1985
Source reference: p. 4UT of J&K & Ors. vs. Maqbool Sheikh & Ors. (WP(C) No. 936/2025, dated 06.03.2026), which held that while recovery of excess amounts already paid to employees is impermissible, the state maintains the liberty to re-fix pay or pension by excluding benefits wrongly granted
Source reference: p. 5Reasoning
The Tribunal noted that the controversy regarding SRO 59 is no longer res integra (an untouched matter) as it was settled by the High Court in the Maqbool Sheikh case
Source reference: p. 5Applying the High Court's ratio, the Tribunal reasoned that any recovery of past excess payments is prohibited, and any amount already recovered must be refunded
Source reference: p. 5The respondents are legally permitted to re-fix the applicants' pay or pension by removing the SRO 59 benefits. Since the applicants' pension had already been fixed according to the last pay drawn after deducting SRO 59 benefits, the Tribunal found that a second re-fixation was unnecessary, but the final processing and release of those benefits remained mandatory
Source reference: p. 6Holding
The Tribunal disposed of the application by directing the respondents to settle the applicants' claims in accordance with the Maqbool Sheikh judgment
The respondents were ordered to forward the complete service records and Last Pay Certificates (LPC) to the Accountant General for the final settlement of pension and release of consequential retiral benefits within four weeks
Source reference: p. 6Original Court PDF
KIRPAL SINGH AND ORSvsJAL SHAKTI DEPARTMENT
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