UT OF J. AND K. Vs. MAQBOOL SHEIKH

JUDGEMENT

(1.) Since these writ petitions involve common issues, they were heard together and are being disposed of by this common judgment.

(2.) Learned Central Administrative Tribunal, Jammu (for short- the Tribunal'), vide different orders disposed of the Original as well as Transfer Applications, (writ petitions transferred by this Court to learned Tribunal after its establishment in the year 2020). Applications filed by the respondents, who were either in service or had attained the superannuation were disposed of vide orders of different dates by the learned Tribunal in terms of the following similar directions:-

(3.) Ms. Monika Kohli, learned Senior A.A.G., submits that upon the implementation of SRO 14 of 1996, SRO 59 stood substituted, thereby disentitling the respondents to any further benefits thereunder w.e.f. 15/1/1996. She emphasizes that the simultaneous drawal of benefits under both SROs constitutes an illegal 'dual benefit' resulting in a recurring loss to the public exchequer. To address this, the Finance Department mandated a verification process vide its Circular dtd. 11/2/2021. The learned counsel further argues that by virtue of S.O. 129, the 24-month bar contained in Instruction No. 1 is waived for benefits granted under repealed orders. Alternatively, she maintains that Instruction No. 1 cannot rescue the respondents, as it pertains to the calculation of emoluments rather than the fundamental entitlement to overlapping benefits.