Central Administrative Tribunal - Jammu
Rajan Sharma vs Sports And Youth Services Department on 12 March, 2026
:: 1 :: O.A. No. 1257/2024 and 243/2025
-CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Original Application No. 1257/2024 & 243/2025
Reserved on:- 29.09.2025
Pronounced on: - 26.03.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
1. Rajan Sharma, age 67 years
S/O Om Parkash Sharma
R/O H.No.1, Lower Laxmi Nagar Sarwal, Jammu
Pin Code-181207
2. Vishwa Mitter, age 65 years
S/O Jandu Ram
R/O H.No. 96, Opp GGM Science College, Krishna Nagar Jammu -180016
3. Shamsher Singh age 66 years
S/O Hari Singh
R/O Village Rajpura, Kulhar Birpur
District Samba A/P Krishna Nagar Jammu-180016
4. Inder Pal Singh age 62 years
S/O Sunder Singh
R/O Ward No. 56, H.No.2248
Kunjwani near JK Public School
Jammu-180012
5. Veena Devi age 62 years
W/O Parvesh Chib
R/O H No.JMC 2797,
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 2 :: O.A. No. 1257/2024 and 243/2025
Opp Govt Qtr G. Block Subash Nagar
Jammu-110027
6. K.L.Sharma, age 74 years
S/O Jagan Nath
R/O Ward No.15,
Poonch City A/P Subash Nagar
Jammu-110027
7. Bua Ditta age 69 years
S/O Dhani Ram R/O 427/4, Govindpora, Jammu Cantt Jammu-180003
8. Salamat Ullah Choudhary age 69 years
S/o Mohd Ramzan
R/O H.No.68, Gujjar Colony Stadium Lane OPP Channi Rama Jammu-
180015
9. Bishamber Singh age 75 years
S/O Rangil Singh
R/o 33, Padha Street Purani Mandi Jammu -175001
10.Kamal Singh age 70 years
S/O Mangal Singh R/O Hanuman Chowk, Domana Jammu-181206
11. Ashok Kumar Bhat age 63 years
S/O Jagan Nath R/O Ban Talab Jammu-181123
12. Kara Ram, age 75 years
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
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S/O Dumu Ram R/O Village Nanga, Tehsil Ramnagar, A/P Bantalab
Jammu-181123
13. Mohd Akhter age 63 years
S/O Mir Mohd
R/O Ward No.9, Mohalla Kama Khan Poonch, A/P Bantalab Jammu-181123
14.Mohd Shafi Malik, age 63 years
S/O Abdul Khaliq Malik
R/O Jahangir Colony, Extn House No.38, Baghat Barzula Srinagar A/P
Bathindi, Jammu-181152
15. Ali Mohd Parray age 65 years,
S/O Abdul Karim Parray, R/O Rawalpora, Bagat Barazula, Srinagar, A/P
Bathindi, Jammu-181152
16. Ghulam Rasool Rather age 64 years
S/O Ghulam Ahmed Rather
R/O Karalpora, Chandoora, Srinagar, A/P Bathindi, Jammu -181152
17. Abdul Rashid Parray age 65 years
S/o Abdul Rehman Parray
R/O Bagat Barazulal, Srinagar, A/P Bathindi, Jammu-181152
18. Mohd Abdulla Kuthu age 66 years
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
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S/O Late Mohd Bakir Kuthu
R/O Harwan, Sriangar, A/P Bathindi, Jammu-181152
19. Mohd Shafi Mir age 65 years
S/O Ghulam Qadir Mir
R/O Soura, Srinagar, A/P Bathindi, Jammu -181152
20. Bashir Ahmed Mir, age 65 years
S/O Sona Ullah Mir
R/O Bugram, Srinagar, A/P Bathindi, Jammu -181152
21.Mushtaq Ahmed Bhat age 65 years
S/O Ghulam Mohd Bhat
R/O Solina Payeen Srinagar,
A/P Bathindi, Jammu -181152
22. Mohd Aslam Mir,age 64 years
S/O Ghulam Ahmad Mir
R/O Naribal, Amda Kadal Srinagar, A/P Bathindi, Jammu-181152
23. Abdul Salam Dar age 64 years
S/O late Ghulam Rasool Dar
R/o Debi Pora Khan Sahib Budgam, A/P Bathindi, Jammu -181152
HARSHIT Digitally signed by
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24. Ali Mohd Hazari age 64 years
S/O Mohd Rajab Hazari
R/O Gojwara, Srinagar,
A/P Bathindi, Jammu -181152
25. Abdul Rehman Sheikh, age 64 years
S/O Mohd Rayab Sheikh
R/O Sidco Bala Nowpora, Pulwama/Shopian,
26. Abdul Gani Sheikh age 65 years
S/O Ghulam Qadir Sheikh
R/O Kalalpoura Chandoora
Budgam, A/P Bathindi, Jammu-181152
27. Niyaz Ahmed Najar age 63 years
S/O Ghulam Nabi Najar.
R/O Rajouri Kadal, Srinagar
A/P Bathindi, Jammu -181152
28.Abdul Wahid Bhat age 63 years
S/O Habibullah Bhat
R/O Qamerwari Srinagar
HARSHIT Digitally signed by
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A/P Bathindi, Jammu -181152
29. Manzoor Ahmed Mir age 63 years
S/O Late Sh. Hassan Mir
R/O Achan, Pulwama
A/P Bathindi, Jammu-181152
30. Assadulla Wani age 63 years
S/O Noor Mohd Wani
R/O Ompura, Railway- Budgam
A/P Bathindi, Jammu-181152
31. Gul Wani age 64 years
S/O Late Abdul Salam Wani
R/O Mira Kadal Harwan, Srinagar.
A/P Bathindi, Jammu -181152
32. Mohd Aslam Dar, age 62 years
S/O Mohd Khalil Dar,
R/O Wuranbal Batengoo, Srinagar
A/P Bathindi, Jammu-181152
33. Abdul Rehman Reshi age 63 years
HARSHIT Digitally signed by
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S/O Wali Mohd Reshi
R/o Chatripora, Palpora,
Pulwama,
A/P Bathindi, Jammu-181152
34. Abdul Rashid Bhat age 62 years
S/O Mohd Ismail Bhat
R/O Nowgam, Byepass
Banpora, Srinagar, A/P Bathindi, Jammu -181152
35. Rafiqa, age 63years
D/O Habib Ullah
W/O Mohd Altaf Wani
R/o Gulbarg Colony, Srinagar
A/P Bathindi, Jammu -181152
36. Fata Bibi age 65 years
D/O Mohd Sultan Sheikh
W/O Late Ghulam Mohd Sheikh
R/O Chattabal, Guzarveer
Srinagar, A/P Bathindi. Jammu-181152
37. Abdul Rashid Khan age 62 years
HARSHIT Digitally signed by
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S/O Late Abdul Gani Khan
R/O Latpora, Pulwaman,
A/P Bathindi, Jammu-181152.
38.Ghulam Mohi Ud-din Thoker, age 65 years
S/O Ghulam Nabi Thoker
R/O Bugroo Khansahib Srinagar
A/P Bathindi, Jammu -181152
39. Abdul Majid Sofi age 61 years
S/O Abdul Satar Sofi
R/o Chaeekpora, Kalan
Budgam
A/P Bathindi, Jammu-181152
40. Nazir Ahmed Sodagar age 61 years
S/o Abdul Aziz R/o Rajouri Kadal, Srinagar, A/P Bathindi, Jammu-181152
41. Mukhtar Ahmed Dar age 60 years
S/O Late Mohd Sultan Dar
R/O Badshahnagar
Srinagar, A/P Bathindi, Jammu-181152
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
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42. Noor Mohd Wani age 64 years
S/O Mohd Subhan Wani
R/O Natipora, Srinagar, A/P Bathindi, Jammu-181152
43. Sheikh Altaf Ahmed age 60 years
S/O Sheikh Ghulam Ahmed
R/O Firdosabad,
Batmaloo, Srinagar, A/P Bathindi, Jammu -181152
44. Abdul Qayoom age 63 years
S/O Late Ghulam Hassan Peer
R/O Sopore, Baramulla,
A/P Bathindi, Jammu-181152
45. Mushtaq Ahmed Sheikh age 64 years
S/o Gh. Qadir Sheikh
R/O Delina Baramula,
A/P Bathindi, Jammu-181152
46. Shamas Ud din Lone age 65 years
S/o Khawaja Mohd Lone
R/O Behrampora Rafiabad, Sopore
HARSHIT Digitally signed by
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A/P Bathindi, Jammu.
47. Mohd Akbar Ganaie, age 61 years
S/O Mohd Ramzan Ganaie
R/O Kaloosa Sriangar,
A/P Bathindi, Jammu -181152
48. Zahoor Ahmed Bhat, age 62 years
S/O Ghulam Qadir Bhat
R/O Dalgate, Srinagar
A/P Bathindi, Jammu -181152
49. Abdul Samad Wani age 60 years
S/O Abdul Aziz Wani
R/o Natipora, Srinagar,
A/P Bathindi, Jammu -181152
50. Riyaz Ahmed Sheikh age 60 years
S/O Ghulam Ahmed Sheikh
R/O Zaldagar, Srinaga,
A/P Bathindi, Jammu -181152
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
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51. Abdul Ahad Bhat, age 64 years
S/O Khazir Mohd Bhat
R/O Plain Bandipora,
A/P Bathindi, Jammu-181152
52. Ghulam Nabi Sheikh, age 66 years
S/O Ghulam Ahmed Sheikh
R/O Batmaloo, Srinagar
A/P Bathindi, Jammu-181152
53. Mohd Ashraf Shah age 66 years
S/O Gh Mohd Shah
R/O Bombyar Uri, A/P Bathindi, Jammu -181152
54. Gulam Mohd Pandow age 66 years
S/O Abdul Aziz Pandow
R/O Dalgate Srinagar
A/P Bathindi, Jammu-181152
55. Noor Mohd Bangroo age 62 years
S/O Ghulam Ahmed Bangroo
R/O Dobi Mohalla Batmaloo,
A/P Bathindi, Jammu -181152
HARSHIT Digitally signed by
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56. Satinderjeet Singh age 62 years
S/O Jaswant Singh
R/O Khawaja Bag A/P Nanak Nagar Jammu
Pin- 180004
57. Abdul Rashid Khan age 62 years
S/O Abdul Gani Khan
R/O Lethpora, Pulwama
A/P Bathindi Jammu-181152
58. Abdul Hamid Sheikh age 60 years
S/O Abdul Rashid Sheikh
R/O Delina Baramulla
A/P Bathindi, Jammu 181152
59. Abdul Majid Dar age 60 years
S/O Fateh Mohd Dar
R/O Ferozpora, Rafiabad, Baramulla
A/P Bathindi Jammu 181152
60. Khazir Mohd Ganaie, age 60 years
S/O Abdul Samad Ganaie
HARSHIT Digitally signed by
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R/O Nadihal Rafiabad, Baramulla
A/P Bathind, Jammu-181152
61.Mohd Amin Khan age 60 years
S/O Mohd Yousaf Khan
R/O Baghe Waris Khan, Srinagar
A/P Bathindi, Jammu-181152
62. Ghulam Mohd Sheikh age 66 years
S/O Abdul Salam Sheikh
R/O Palpora Sonawar,
A/P Bathindi, Jammu-181152
63. Nisar Ahmed Sheikh age 65 years
S/O Ghulam Mohd Sheikh
R/O parraypoora Baghat, Srinagar
A/P Bathindi Jammu-181152
64. Abdul Gani Lone age 65 years
S/O Abdul Samad Lone,
R/O Kulgam Handwara,
A/P Bathindi Jammu-181152.
...Applicants
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 14 :: O.A. No. 1257/2024 and 243/2025
(By Advocate: - Mr. M.I. Sherkhan)
VERSUS
1. U.T. of J&K
Through Commissioner/ Secretary to Govt.
State Sports Council.
Civil Secretariat, Jammu
Pin code- 180001.
2. Commissioner/Secretary to Govt.
General Administration department
Civil Secretariat, Jammu
Pin code- 180001
3. Commissioner/Secretary to Govt.
Technical Education Department/YSS
Civil Secretariat, Jammu
Pin code- 180001
4. Director, Technical Education Department
Jammu-180001
5. Director Finance, Technical Education Department/YSS
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 15 :: O.A. No. 1257/2024 and 243/2025
Civil Secretariat, Jammu
Pin code- 180001.
6. Accounts Officer, (Code) Finance Department, Civil Secretariat
Jammu-180001
...Respondents.
(By Advocate: - Mr. Rajesh Thapa, ld. AAG, Ms. Anshuja Tak)
2. OA 243/2025
1.Nazir Ahmed age 67 Years S/O Sain Mohd R/O Narwalbala Jammu
Tehsil, Bahu District Jammu. Pin code. 180006.
2. Nazeeran Begum age 65 Years Wd/O Talib Hussain R/O Forhal Tehsil
Ramnagar District Udhampur. Pin Code. 182122.
......Applicants
(By Advocate: - Mr. M.I. Sherkhan)
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 16 :: O.A. No. 1257/2024 and 243/2025
VERSUS
1. U.T. of J&K, Through Commissioner/ Secretary to Govt. State Sports
Council, Civil Secretariat, Jammu, Pin code- 180001.
2. Commissioner/Secretary to Govt. General Administration department
Civil Secretariat, Jammu, Pin code- 180001
3. Commissioner/Secretary to Govt. Youth Sports Services..
Department/YSS Civil Secretariat, Jammu, Pin code- 180001
4. Director, Technical Education Department, Jammu -180001
5. Director Finance, Technical Education Department/YSS Civil Secretariat,
Jammu, Pin code- 180001
6. Accounts Officer, (Code) Finance Department, Civil Secretariat Jammu-
180001
...Respondents.
(By Advocate: - Mr. Rajesh Thapa, ld. AAG, Ms. Anshuka Tak)
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
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ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
In view of the aforementioned facts the Applicants pray for the following relief(s):-
(i). Quashing the Government order No.32 JKYS&S of 2024 dated 27.08.2024 being illegal arbitrary, malafide contrary to rules and may also quashing the supports council's rules 1979 and also other rules of 1979 which are not applicable to the employees of J&K Sports Council and may also quashing the amended rules of 1992 from time to time being violative of the article 14, 16 & 21 of the constitution of India, and may quashing rules of 2017 along with other SRO, Notification of Government order which is discriminatory against the pension of petitioners.
HARSHIT Digitally signed by
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(ii). Commanding the respondents pensionary benefits to provide the benefits/family pension to the petitioners being the on superannuation/ retirement employees of J&K state Sports Council in view of Sports Council Letter/Communication No. 605/2017 dated 23.08.2017, Communication dated 14.03.2018, letter dated 28.03.2018 and also in view of letter dated 09.06.2023, of Kerla State Sports Council and Mizoram State Sports Council and also in view of letter dated 16.05.2024 and also in view of SC, Judgment Titled D.S.Nakara, versus Union of India, (1983) (111)SC 305 and also in view of SC, Judgment passed in case Titled Chairman and M.D. ,K,S,R,T,C V/S K.O.Varghese & in para 12 to 20, and also in view of Judgment passed by the Hon'ble High Court of Jammu and Kashmir in SWP No.1269/2016 and connected writ petition No.469/2018 decided on 31.07.2018, SWP No. 1250 of 2002 titled J&K Industries Employees Association Vs. State of J&K and others, SWP No. 1468/2004,SWP No. 945/2002,SWP No. 27/2003 and SWP No. 78/.2003 and SWP No.143/2007 and also in view of HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 19 :: O.A. No. 1257/2024 and 243/2025 J&K CSR extending retirement and pensionary benefits and also on the pattern of Hon'ble Supreme Court Judgments and some of them have been mentioned in the above said judgments And may also commanding the respondents to consider the case of the applicants on the pattern and analogy of Govt. Order No.230-IND of 2017 dated 26.09.2017, and may Commanding the respondents to provide the pensionary benefits retrospectively along with family pension on the analogy of Sports Council of Punjab, Chandigarh, Orissa, Sport Council of Nagaland, Pondicherry, Himachal Sport council of Tamilnadu, Pradesh, Meghalaya, Mizoram, Assam, West Bengal and also in view of J&K Sports Council communication dated 28.07.2023 issued vide No. SC/1712-II/4287-88 dated 28.07.2014 and also in view of letter of Mizoram Sports Council dated 09.06.2023. May commanding the respondents to treat the applicants as government ser government employee and provide pension on the pattem and analogy of youth and sports services department employee having same nature of HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 20 :: O.A. No. 1257/2024 and 243/2025 work and job of the duty for providing physical exercise to the students and public and also treat the applicants to the employees of youth and sports services department.
(iii). Commanding the respondents applicants/ Petitioners as Government Servant being subordinate of Youth and Sports services and to provide the pensionary benefits retirement benefits/family pension to the petitioners on superannuation/being the employees of J&K Sports Council on the pattern/analogy of YSS, and sports Council employee /Corporation employees and also on the analogy of J&K Khadi and village Industries Board Handicrafts Corporation (S& E) (JKHC, S&E and J&K Industries department including State Road Transport Corporation and other Corporations/Board Councils of Govt. of India /States / Union Territories. With further prayer commanding the respondents to consider the plea of the applicants for pensionary benefits and other benefits retrospectively and may further prayer quashing any order HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 21 :: O.A. No. 1257/2024 and 243/2025 passed for not providing pensionary/retirement benefits/family pension to the employees, of the J&K State Sports Council. Any other order or direction which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case in hand.
2. OA 243/2025
(i). Certiorari, Quashing the Government order No.32 JKYS&S of 2024 dated 27.08.2024 being illegal arbitrary, malafide contrary to rules and may also quashing the supports council's rules 1979 and also other rules of 1979 which are not applicable to the employees of J&K Sports Council and may also quashing the amended rules of 1992 from time to time being vio-lative of the article 14, and 16, of the constitution of India, and may quashing rules of 2017 along with other SRO, Notification of Government order which is discriminatory against the pension of petitioners. May also quashing the HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 22 :: O.A. No. 1257/2024 and 243/2025 decision and said order passed contrary to already decision taken on 03.06.2014.
(ii). Commanding the respondents to provide pensionary benefits to the petitioners in view of the approval approved by the government vide order dated 03.06.2014 including minutes of meeting accepted and approved decision taken by government for providing pension on the analogy of Khadi and Village Industry board.
(iii). Commanding the respondents to provide the pensionary on superannuation/ retirement benefits/family pension to the petitioners being the employees of J&K state Sports Council in view of Sports Council Letter/Communication No. 605/2017 dated 23.08.2017, Communication dated 14.03.2018, letter dated 28.03.2018 and also in view of letter dated 09.06.2023, of Kerla State Sports Council and Mizoram State Sports Council and also in view of letter dated 16.05.2024 and also in view of SC, Judgment Titled D.S.Nakara, versus Union of India, (1983) (111)SC 305 and also in view of SC, Judgment passed in case HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 23 :: O.A. No. 1257/2024 and 243/2025 Titled Chairman and M.D.,K,S,R,T,C V/S K.O.Varghese & in para 12 to 20, and also in view of Judgment passed by the Hon'ble High Court of Jammu and Kashmir in SWP No.1269/2016 and connected writ petition No.469/2018 decided on 31.07.2018, SWP No. 1250 of 2002 titled J&K Industries Employees Association Vs. State of J&K and others, SWP No. 1468/2004 SWP No. 945/2002 SWP No. 27/2003 and SWP No. 78/.2003 and SWP No.143/2007 and also in view of J&K CSR extending retirement and pensionary benefits and also on the pattern of Hon'ble Supreme Court Judgments and some of them have been mentioned in the above said judgments And may also commanding the respondents to consider the case of the applicants on the pattern and analogy of Govt. Order No.230 -IND of 2017 dated 26.09.2017, and may Commanding the pensionary benefits respondents to provide the retrospectively along with family pension on the analogy of Sports Council of Punjab, Chandigarh, Orissa, Sport Council of Nagaland, Sport council of Tamilnadu Pondicherry, HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 24 :: O.A. No. 1257/2024 and 243/2025 Himachal Pradesh, Meghalaya, Mizoram Assam, West Bengal and also in view of J&K Sports Council communication dated 28.07.2023 issued vide No. SC/1712-II/4287-88 dated 28.07.20243 and also in view of letter of Mizoram Sports Council dated 09.06.2023. May commanding the respondents to treat the applicants as government servant/ government employee and provide pension on the pattern and analogy of youth and sports services department employee having same nature of work and job of the duty for providing physical exercise to the students and public and also treat the applicants to the employees of youth and sports services department. (IV). Writ of mandamus, commanding the respondents to treat the applicants/ Petitioners as Government Servant being subordinate of Youth and Sports services and to provide the pensionary benefits on superannuation/ retirement benefits/family pension to the petitioners being the employees of J&K Sports Council on the pattern/analogy of Corporation employees and also on the analogy of J&K Khadi and village HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 25 :: O.A. No. 1257/2024 and 243/2025 Industries Board and J&K Handicrafts Corporation (S& E) (JKHC,S&E and J&K Industries department including State Road Transport Corporation and other Corporations/Board Councils of Govt. of India/States/Union Territories. With further prayer commanding the respondents to consider the plea of the applicants for pensionary benefits and other benefits, and may further prayer quashing any order passed for not providing pensionary/retirement benefits /family pension to the employees of the J&K State Sports Council. Any other order or direction which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case in hand.
3. The facts of the case as averred by the applicants in their pleadings, are as follows: -
a) The applicants in both Original Applications are retired employees of the Jammu and Kashmir Sports Council who had served in different categories of posts such as Groundmen, HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 26 :: O.A. No. 1257/2024 and 243/2025 Chowkidar, Jamadar and other allied posts. After rendering long years of service, they retired on attaining the age of superannuation but were not granted pensionary benefits including pension and family pension. Aggrieved of the denial of such benefits, they have approached this Tribunal by way of the present Original Applications.
b) The Jammu and Kashmir Sports Council is a registered society under the Societies Registration Act and functions under the administrative control of the Government of Jammu and Kashmir. Over the years, the Sports Council framed service rules governing the recruitment and service conditions of its employees. In its 132nd meeting held on 15.05.2017, the Standing Committee of the Council adopted Recruitment Rules, which were notified on 26.05.2017 regulating the service conditions of the employees of the Council.
c) The applicants submit that the issue regarding grant of pensionary benefits to the employees of the Sports Council had been under consideration of the Government for a long time. As HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 27 :: O.A. No. 1257/2024 and 243/2025 early as in the year 2006, the Finance Department had conveyed concurrence regarding the creation of a pension fund and the grant of pensionary benefits to the employees of the Sports Council on the pattern of similar schemes applicable to other government-controlled boards and corporations such as the J&K Khadi and Village Industries Board. It was also proposed that the pension fund would be created out of the employees' share of contributory provident fund along with interest accrued thereon and employer's contribution to the CPF.
d) Subsequently, the Secretary of the J&K Sports Council addressed a communication dated 14.03.2018 recommending grant of retirement benefits including pension and family pension to the employees of the Council. The said communication indicated that a pension fund had already been created by the Council through internal resources, including a portion of interest earned on fixed deposits and a percentage of grant-in-aid sanctioned for sports activities. It was also HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 28 :: O.A. No. 1257/2024 and 243/2025 indicated that sufficient funds had been accumulated to sustain the pension scheme for the employees of the Council.
e) Pursuant to the said recommendation, the Director Finance of the concerned department sought further clarification regarding the differences between earlier concurrence of the Finance Department and the proposed scheme, and also sought details regarding the funding pattern similar to that followed in the Khadi and Village Industries Board. These communications were exchanged between the concerned departments in the year 2018 for further processing of the matter.
f) The applicants further state that employees of several government corporations, boards and councils such as the Khadi and Village Industries Board, Handicrafts Corporation and other public sector organizations were granted pensionary benefits even though they were not strictly government servants. According to the applicants, since the employees of the Sports Council perform duties similar in nature to those of employees working under the Youth Services and Sports HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 29 :: O.A. No. 1257/2024 and 243/2025 Department and other government organizations, denial of pensionary benefits to them amounts to discrimination and violation of Articles 14 and 16 of the Constitution of India.
g) It is also stated that in several other States and Union Territories including Punjab, Kerala, Mizoram, Tamil Nadu, Himachal Pradesh and others, employees of Sports Councils have been granted pensionary benefits. The applicants contend that they are similarly situated and therefore entitled to similar treatment.
They also assert that the Sports Council possesses sufficient financial resources and the Government can supplement the fund if required.
h) The applicants further submit that litigation concerning grant of pensionary benefits to employees of the Sports Council had earlier been pursued before the High Court. In one such matter, the writ petition was decided by the High Court and the appeals filed thereafter were also dismissed. Even the Special Leave Petitions filed before the Hon'ble Supreme Court were withdrawn with liberty to seek review before the High Court, HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 30 :: O.A. No. 1257/2024 and 243/2025 and the review petitions were also dismissed. According to the applicants, the said judgments support their claim for grant of pensionary benefits.
i) One of the applicants had earlier filed a writ petition before the High Court seeking similar relief. The said petition was decided on 20.03.2020 and subsequently contempt proceedings were initiated for implementation of the judgment. During the pendency of the contempt proceedings, the Government issued Government Order No. 32 JKYS&S of 2024 dated 27.08.2024 whereby the claim of the employees of the Sports Council for grant of pensionary benefits and family pension was rejected.
j) According to the applicants, the impugned order rejected their claim primarily by relying upon certain judicial precedents which, according to them, are not applicable to the facts of their case. The applicants contend that the judgment in Chairman and Managing Director, KSRTC vs. K.O. Varghese was wrongly relied upon as the said case related to enhancement of pension and not to the initial grant of pension. They further submit that HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 31 :: O.A. No. 1257/2024 and 243/2025 the respondents have ignored earlier communications and recommendations which supported the grant of pensionary benefits.
k) The applicants, therefore, challenge the Government Order dated 27.08.2024 as arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India and seek directions to the respondents to grant them pensionary benefits including pension and family pension on the pattern applicable to similarly placed employees in other government boards and corporations.
4. The respondents have filed their written statement wherein they have averred as follows: -
a) The respondents have filed their written statement contesting the claim of the applicants and raising several preliminary objections regarding the maintainability of the Original Applications. The respondents contend that the present applications are devoid of merit and substance and therefore HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 32 :: O.A. No. 1257/2024 and 243/2025 deserve to be dismissed. It is submitted that the applicants have not demonstrated any violation of their legal or fundamental rights which would warrant interference by this Tribunal.
b) It is further contended that the applicants have suppressed material facts and have not approached the Tribunal with clean hands. According to the respondents, the applicants are not similarly situated to the employees of the Khadi and Village Industries Board, Handicrafts Corporation, Industries Department or State Road Transport Corporation. The employees of those organizations were originally appointed in government departments where the services were pensionable and were later transferred to corporations or boards. In contrast, the applicants were appointed directly in the Jammu and Kashmir Sports Council where the service conditions were clearly non-pensionable at the time of their entry into service.
Therefore, no parity can be claimed between the applicants and those employees.
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c) The respondents further contend that the applicants accepted the terms and conditions of their appointment and continued in service for several decades without raising any objection regarding the non-pensionable nature of their service. Having accepted the service conditions throughout their career, the applicants are now estopped from claiming pensionary benefits after their retirement.
d) It is also submitted that the present Original Applications suffer from delay and laches. The respondents rely upon several judgments of the Hon'ble Supreme Court including New Delhi Municipal Council vs. Pan Singh, Government of West Bengal vs. Tarun K. Roy and Union of India vs. M.K. Sarkar to contend that stale claims raised after long delays cannot be entertained by the Court or Tribunal. According to the respondents, the applicants have approached the Tribunal after several years and therefore are not entitled to any discretionary relief.
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e) On merits, the respondents submit that the service conditions of
the employees of the Sports Council are governed by the Recruitment Rules framed by the Council. These rules clearly stipulate that the posts under the Sports Council are non- pensionable. The applicants had accepted these rules at the time of their appointment and the same have never been challenged before any competent forum. Therefore, the applicants cannot seek alteration of their service conditions through judicial intervention.
f) The respondents further submit that the determination of pay scales, pension and other service benefits falls within the exclusive domain of the executive and expert bodies such as Pay Commissions. Courts ordinarily do not interfere in such policy matters unless the decision is shown to be arbitrary or violative of constitutional provisions. The respondents rely upon several judgments of the Hon'ble Supreme Court including State of U.P. vs. J.P. Chaurasia, State Bank of India HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 35 :: O.A. No. 1257/2024 and 243/2025 vs. M.T. Ganesh Babu and Secretary, Department of Personnel vs. T.V.L.N. Mallikarjuna Rao in support of this proposition.
g) It is further submitted that even the Government of India and the Government of Jammu and Kashmir have discontinued the old pension scheme for employees appointed after the introduction of the New Pension Scheme. In such circumstances, extending pensionary benefits to the applicants would not only be contrary to existing government policy but would also impose a significant financial burden on the State exchequer and may lead to similar claims from other categories of employees.
h) The respondents also submit that certain internal communications and proposals regarding the creation of a pension fund were under examination by various departments of the Government. However, mere examination of a proposal or internal correspondence does not create any enforceable right in favour of the applicants unless a formal order is issued in the HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 36 :: O.A. No. 1257/2024 and 243/2025 name of the Governor in accordance with Article 166 of the Constitution.
i) Accordingly, the respondents maintain that the applicants have no legal entitlement to pensionary benefits and the impugned Government Order dated 27.08.2024 rejecting their claim has been passed in accordance with law and established policy. The respondents therefore pray that the Original Applications be dismissed as being devoid of merit.
5. Heard learned counsel for the parties and perused the pleadings made by them.
6. The applicants in both the Original Applications are retired employees of the Jammu and Kashmir Sports Council who have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 seeking grant of pensionary benefits including pension and family pension after their retirement. Since both the Original Applications involve identical facts and similar reliefs, they were heard together and are being disposed of by this common judgment.
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7. The applicants submit that they were appointed in different categories of posts such as Groundmen, Chowkidar, Jamadar and other allied posts in the Jammu and Kashmir Sports Council and have rendered long years of service before retiring on attaining the age of superannuation. According to the applicants, despite their long service, they have not been granted pensionary benefits and therefore they have approached this Tribunal seeking quashing of Government Order No.32 JKYS&S of 2024 dated 27.08.2024 whereby their claim for pensionary benefits has been rejected.
8. The applicants contend that the Jammu and Kashmir Sports Council functions under the control of the Government and its employees perform duties similar to those of the employees of the Youth Services and Sports Department. It is their case that employees of several government corporations and boards such as the Khadi and Village Industries Board and Handicrafts Corporation have been granted pensionary benefits and therefore denial of similar benefits to the applicants amounts to discrimination and violation of Articles 14 and 16 of the Constitution of India.
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:: 38 :: O.A. No. 1257/2024 and 243/2025
9. It is further pleaded that the issue regarding grant of pensionary benefits to the employees of the Sports Council had been under consideration of the Government for a considerable period of time. The Finance Department had conveyed concurrence in the year 2006 regarding creation of a pension fund on the pattern of the Khadi and Village Industries Board and subsequently the Secretary of the Sports Council recommended grant of pension and family pension to the employees through communication dated 14.03.2018. It is also stated that the Sports Council created a pension fund through internal resources and therefore the applicants are entitled to pensionary benefits.
10. The applicants further submit that employees of Sports Councils in several other States such as Punjab, Kerala, Mizoram and Himachal Pradesh are being granted pensionary benefits and therefore the applicants, being similarly situated employees, are entitled to the same treatment.
11. The respondents have filed their written statement opposing the claim of the applicants. It is contended that the Original Applications are HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 39 :: O.A. No. 1257/2024 and 243/2025 devoid of merit and are not maintainable. According to the respondents, the applicants were appointed under the service rules governing the Jammu and Kashmir Sports Council and the terms and conditions of service clearly provided that the posts under the Council were non-pensionable. The applicants accepted these conditions at the time of their appointment and continued in service for several decades without raising any objection.
12. It is further contended that the applicants cannot claim parity with employees of other corporations and boards because those employees were initially appointed in government departments where the services were pensionable and were later absorbed in corporations. The applicants in the present case were directly appointed in the Sports Council where the service conditions were non-pensionable.
13. The respondents also submit that matters relating to service conditions, pay scales and pension schemes fall within the policy domain of the Government and the Tribunal cannot direct the creation of a pension scheme in the absence of statutory rules.
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14. The undisputed position that emerges from the record is that the applicants were employees of the Jammu and Kashmir Sports Council and their service conditions were governed by the Recruitment Rules framed by the Council. It is also not in dispute that under the said rules the posts held by the applicants were non-pensionable.
15. It is a settled principle of service jurisprudence that pension is not payable unless it is provided under the statutory rules governing the service conditions of the employees. In State of Punjab v. Amar Nath Goyal, (2005) 6 SCC 754, the Hon'ble Supreme Court held that pension is a statutory right and is payable only when the relevant rules provide for the same.
16. In the present case, the applicants accepted the terms and conditions of service at the time of their appointment and continued in service for several decades without challenging the rules governing their service conditions. Once the applicants accepted the conditions of service, they cannot seek alteration of those conditions after retirement. The Hon'ble Supreme Court in P.U. Joshi v. Accountant General, (2003) HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 41 :: O.A. No. 1257/2024 and 243/2025 2 SCC 632 held that employees cannot seek modification of service conditions after accepting them at the time of appointment.
17. The argument of the applicants that employees of other corporations and boards have been granted pensionary benefits also cannot be accepted. Different organizations may have different service rules, financial structures and recruitment patterns. Merely because employees of certain corporations have been granted pensionary benefits does not automatically entitle employees of another organization to claim similar benefits. In State of U.P. v. J.P. Chaurasia, (1989) 1 SCC 121, the Hon'ble Supreme Court held that parity in service benefits cannot be claimed merely on the basis of similarity of duties.
18. It is also well settled that matters relating to pay scales, pension schemes and service conditions fall primarily within the domain of the executive and expert bodies. Courts and Tribunals ordinarily do not interfere in such matters unless the decision is shown to be arbitrary or violative of constitutional provisions.
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19. In the present case, the applicants have not been able to demonstrate that the service rules governing their employment were unconstitutional or arbitrary. The Recruitment Rules governing the service conditions of the employees of the Sports Council have never been challenged before this Tribunal.
20. However, it is also evident from the record that the issue regarding grant of pensionary benefits to the employees of the Sports Council has been under consideration of the Government for several years. Various communications and proposals have been exchanged between different departments regarding creation of a pension fund and adoption of a pension scheme for the employees of the Council.
21. In such circumstances, while the applicants cannot claim pensionary benefits as a matter of right under the existing service rules, the issue raised by them requires consideration by the competent authority at the policy level.
22. Accordingly, the present Original Applications are disposed of with a direction to the respondents to place the matter regarding grant of pensionary benefits to the employees of the Jammu and Kashmir HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 43 :: O.A. No. 1257/2024 and 243/2025 Sports Council before the competent authority and take a final policy decision in accordance with law within a period of four months from the date of receipt of a copy of this order.
23. It is made clear that this Tribunal has not expressed any opinion on the merits of the proposed policy decision and the competent authority shall consider the matter independently in accordance with law and applicable rules.
24. With the above directions, both the Original Applications stand disposed of. No order as to costs.
(RAJINDER SINGH DOGRA)
Judicial Member
/harshit /
HARSHIT Digitally signed by
YADAV HARSHIT YADAV