Srinagar, October 24, KDC: The High Court of Jammu & Kashmir and Ladakh has directed the Union Territory administration to release the pending remuneration of a former member of the Child Welfare Committee (CWC), Bandipora, applying the principle of parity with his colleagues.
The Court, however, dismissed his plea seeking a special “charge allowance” for officiating as the committee’s chairperson, ruling that contractual appointees cannot claim such allowances without backing from specific statutory rules.
Justice Rajnesh Oswal issued the directions while hearing a writ petition filed by Gh. Mohd Mir through his counsel, Advocate Ishtiyaq Ahmad Mir.
Mir was appointed as a member of CWC Bandipora in February 2018 for a three-year term, which was subsequently extended by the government until fresh recruitments were finalized. In March 2021, he was directed to additionally hold the charge of CWC Chairperson, a role he fulfilled until newly recruited members took over in April 2023. He approached the High Court seeking the release of his pending remuneration as a member, as well as a charge allowance for the period he functioned as the Incharge Chairperson.
The Social Welfare Department, represented by Deputy Advocate General T. A. Lone, contested the claim. The government argued that the tenure of the CWC members was officially extended only up to August 24, 2022. The department contended that Mir was not entitled to remuneration beyond this date and noted that a formal order rejecting similar claims by CWC members was issued in December 2024.
During the proceedings, Advocate Ishtiyaq Ahmad Mir brought to the court’s attention a previous judgment delivered by a coordinate bench on May 15, 2026. In that case, three other members of the same Bandipora CWC had successfully challenged the government’s December 2024 rejection order, which was subsequently quashed by the court.
Noting that the petitioner was situated identically to his colleagues, Justice Oswal applied the principle of parity. The Court ordered the respondents to release Mir’s remuneration from August 25, 2022, to March 28, 2023, at the same rate he was previously paid. The High Court set a two-month deadline for the payment, failing which the administration will be liable to pay interest at 6% per annum from the date the petition was filed until the amount is realized.
On the issue of the extra financial claim for leading the committee, the High Court firmly rejected the petitioner’s demand. Justice Oswal observed that Mir’s engagement was purely on a contractual basis and that he failed to produce any official rule or regulation that provisions a “charge allowance” for contractual members officiating as the CWC Chairperson. (KDC)
