The Division Bench replaced the Tribunal’s direction to reconsider pension eligibility with a direction to treat the petitioner technicians as covered by the Old Pension Scheme.
Judge / Bench — Justices Sanjeev Kumar and MA Chowdhary
Although actually appointed in 2013, their appointments had been given effect from 15 December 1998 through earlier judicial proceedings; the Jammu & Kashmir and Ladakh High Court therefore applied the pre-1 January 2010 position under SRO 400 of 2009, rather than leaving the scheme choice to administrative discretion. Retired petitioners’ cases must be processed immediately. The modification was limited to pension directions and preserved the UT’s right to challenge the Tribunal’s judgment. Counsel should establish the precise legal effect of the earlier orders, rather than rely on a general claim of retrospective seniority.
Case — Kuldeep Singh and others v. UT of J&K and others · WP(C) 3183/2026 · 5 October 2026 · Jammu wing
Advocates appearing — Petitioners — Mr. Rajnish Raina, Sr. Advocate, with Mr. Rishu Rajeshwar and Mr. Prabhat Sangotra, Advocates. Respondents — Not named in the order.