Jammu & Kashmir High Court
Bishan Dass vs Sanjeev Kumar Chadha & Ors on 17 February, 2026
Author: Sanjay Dhar
Bench: Sanjay Dhar
Regular List
Serial No. 08
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CCP(S) No. 180/2020
In
WP(C) No. 220/2020
Bishan Dass
.....Petitioner(s)
Through: Mr. K. Nirmal Kotwal, Sr. Advocate
with Mr. Rajeev Singh Isher, Advocate.
Vs
Sanjeev Kumar Chadha & Ors.
.....Respondent(s)
Through: Ms. Chetna Manhas, Assisting Counsel
vice
Mrs. Monika Kohli, Sr. AAG.
CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
(17.02.2026)
01. In the latest statement of facts filed by the respondents on 12.11.2025, it has been submitted that judgment of the High Court passed on 08.05.2017 in the case of "Provincial Power Employees Union vs State of Jammu and Kashmir" regarding SRO- 149 of 1973 has been stayed by the Supreme Court vide order dated 31.01.2019 passed in SLP(C) No. 2952/2019 and Govt. of Jammu & Kashmir in pursuance of the said order of the Supreme Court has issued a circular dated 26.11.2019 enjoining upon all Departments to follow the said order of the Supreme Court. It has been submitted that in view of this development, the pension case of petitioner was 2 CCP(S) No. 180/2020 In WP(C) No. 220/2020 forwarded to AG office along with a due and drawn statement after re-fixing his pay by ignoring the illegal benefit of SRO-149 of 1973, keeping into consideration that the case is subjudice.
02. Learned Senior Counsel for the petitioner has produced a copy of the order passed by the Supreme Court in case titled -
"The State of Jammu and Kashmir & Ors. vs Provincial Power Employees Union & Ors." [Civil Appeal No(s). 7992/2022], whereby the SLP filed by respondents stands dismissed. Thus, the stay order passed by the Supreme Court relating to benefits granted to the employees under SRO-149 of 1973 is no more in operation.
03. In view of this subsequent development, the respondents are directed to pass a fresh consideration order in the light of the directions passed by the writ court.
04. Needful be done by next date of hearing, failing which coercive measures shall follow.
05. List on 10.03.2026.
(SANJAY DHAR) JUDGE JAMMU 17.02.2026 Bunty Bunty Kumar 2026.02.08 17:15 I attest to the accuracy and integrity of this document