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Judgment
The short submission made by learned counsel for the petitioners is that the petitioners are the employees of Himalayan Wool Combers
Ltd.respondent No.2, and were voluntarily retired, in terms of Golden Handshake Scheme dated 30.03.2002. At the time of their retirement i.e.,
31.07.2002, in terms of the aforesaid Scheme issued vide Government Order No. 58-F of 2002, the petitioners were held entitled to the salary
consisting of basic pay plus Cost of Living Allowance (COLA), sanctioned upto 2001 or the date of implementation of Scheme whichever was earlier.
The grievance of the petitioners is that the COLA for the year 1999-2000 though released in favour of the employees of Public Sector Undertaking
later, has not been disbursed to the petitioners. The petitioners claim that the similarly situated employees who had come to this Court in SWP
No.996/2006 titled “Rattan Lal Tiku Vs. State of J&K and ors.â€, were granted relief by this Court and the aforesaid writ petition was decided on
16.08.2010 directing the respondents to consider their cases for release of COLA for the year 1999-2000 as per the Golden Handshake Scheme
promulgated vide Government Order No. 58-F of 2002 dated 30.03.2002. It is submitted that pursuant to direction issued by this Court, the petitioners
in the aforesaid petition got relief. Learned counsel for the petitioners submits that the petitioners are similarly situated with the petitioners of the
aforesaid petition bearing SWP No.996/2006 and therefore, are also entitled to release of COLA for the 1999-2000. Learned counsel further submits
that the petitioners would feel satisfied if this petition is disposed of, at this stage, by directing the respondents to take note of judgment dated
16.08.2010 passed in SWP No.996/2006 and consider for release of COLA in favour of the petitioners for the year 1999-2000 as well.
Keeping in view the submission made by learned counsel for the petitioners and the nature of relief prayed for, it is apt if instead of keeping this
petition pending, it is disposed of, at this stage and same is, accordingly, disposed of, by directing respondent No.2 to consider and decide the claim of
the petitioners, as projected in the representation dated 11.06.2018, for release of COLA for the year 1999-2000 as per the Golden Handshake
Scheme promulgated vide Government Order No. 58-F of 2002 dated 30.03.2002 and also by taking note of judgment dated 16.08.2010 passed in
SWP No.996/2006 by this Court in case of similarly situated employees. Let the exercise of consideration as directed above, be completed by
respondent No.2 within a period of two months from the date certified copy of this order along with complete set of writ petition is made available to
him.
Disposed of as above along with connected IA.