Ut of Jammu and Kashmir Through Commissioner Secretary Housing and Urban Development v. Reyaz Ahmed Mutto

ORDER

27.12.2024

CM 6246/2024

¶1This is an application filed by the appellants seeking condonation of 93 days delay in filing the appeal against the judgment dated

20.03.2024 passed by the learned Single Judge in WP (C) No. 716/2022 titled Reyaz Ahmed Mutto Vs. UT of J & K & Ors.

Sr. No. 26

¶2For the reasons stated in the application coupled with the submissions made at Bar, the same is allowed and the delay of 93 days in filing the instant appeal is accordingly condoned.

¶3Application disposed of. LPA 220/2024

¶1This intra-court appeal by the appellants is directed against the judgment dated 20.03.2024 passed by the learned Single Judge ["the Writ Court"] in WP (C) No. 716/2022 titled Reyaz Ahmed Mutto Vs. UT of J & K & Ors. whereby the Writ Court while allowing the petition has directed the respondents/appellants herein to release withheld amount of gratuity in favour of the petitioner/respondent herein along with interest @ 7.5% per annum.

¶2Learned counsel for the respondent submits that the instant case is fully covered by the judgment rendered by a Coordinate Bench of this Court in LPA 119/2022 titled UT of J & K & Ors. Vs. Deshbir Singh & Anr. decided on 22.09.2023.

¶3Learned counsel appearing for the appellants could not point out as to how the case of the respondent is different from the writ petitioner Deshbir Singh of WP (C) No. 1730/2020.

¶4Having heard learned counsel for the parties and perused the material available on record including the impugned judgment, we are of the considered opinion that the case of the respondent before the Writ Court was identical and similar to the case of Deshbir Singh in WP (C) No. 1730/2020. The writ petition filed by Deshbir

Singh was allowed by the Writ Court vide order dated 02.06.2022 and the appeal filed against the said judgment was dismissed by a Coordinate Bench of this Court vide judgment dated 22.09.2023 in LPA No. 119/2022.

¶5In view of the aforesaid and without narrating the facts of the case in detail, we deem it appropriate to dismiss this appeal in light of the legal position narrated in judgment dated 22.09.2023 passed in LPA No. 119/2022 titled UT of J & K & Ors. Vs. Deshbir Singh & Anr. Ordered accordingly.

(Puneet Gupta) (Sanjeev Kumar) Judge Judge

JAMMU

27.12.2024 Manan

Whether the order is speaking : Whether the order is reportable :

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU 1. UT of J & K through Commissioner/Secretary to Govt., Housing & Urban Department, Civil Sect., Jammu/Srinagar. 2. Municipal Commissioner, Jammu. 3. The Joint Commissioner (ADM), Municipal Corporation, Jammu. 4. Director General, Local funds and Pension J & K, Jammu. 5. The Deputy Director, Local Fund Audit & Pensions, Gandhi Nagar, Jammu. .....Applicant(s)/Petitioner(s) Through :- Ms. Saggira Jaffer, Assisting counsel to Mrs. Monika Kohli, Sr. AAG v/s Reyaz Ahmed Mutto, Aged 63 years, S/o Abdul Latif, R/o Village Kotli, Tehsil Bhaderwah, District Doda. .....Respondent(s) Through :- Mr. Ajay Bakshi, Advocate CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE