GHULAM MOHAMMAD LONE MR. M. A. BEIGH vs UNION TERRITORY OF J AND K AND ORS. (HOUSING AND URBAN DEVELOPMENT) — WP(C)/1803/2025

Hon'ble Mr. Justice Sanjay DharView PDF

Case Summary: WP(C) 1803/2025 Court Decision: The High Court of Jammu & Kashmir allowed the writ petition and set aside the recovery order dated 08.03.2025. The court prohibited the respondents from recovering any amount from the petitioner's pension and retiral benefits, and directed them to process his pension based on his last drawn pay. Key Reasoning: The court held that recovery from a retired employee is impermissible under Supreme Court precedent (State of Punjab v. Rafiq Masih). Additionally, under J&K Civil Service Rules, the government cannot verify correctness of emoluments beyond 24 months before retirement. Since the petitioner retired in March 2022 and the recovery order was issued in March 2025—nearly three years later—and without prior notice or hearing, the rescission of his 2010 promotion violated both law and natural justice principles. This case analysis is maintained by casestatus.in based on publicly available court records.

Hon'ble Mr. Justice Sanjay DharView PDF

For Admission Non Fresh

Hon'ble Mr. Justice Rahul Bharti

For Admission Non Fresh

Hon'ble Mr. Justice Javed Iqbal Wani

Hon'ble Mr. Justice Javed Iqbal WaniView PDF

For Admission Non Fresh

Hon'ble Mr. Justice Sanjay Dhar

For Admission Non Fresh

Hon'ble Mr. Justice Javed Iqbal Wani

Hon'ble Mr. Justice Javed Iqbal WaniView PDF

For Admission Non Fresh

Hon'ble Mr. Justice Javed Iqbal Wani

For Admission Non Fresh

Hon'ble Mr. Justice Sanjay Dhar

Hon'ble Mr. Justice Sanjay DharView PDF

First hearing

Initial hearing scheduled

Case filed

Registration No. WP(C)/1803/2025