SRINAGAR: In a significant ruling, the High Court of Jammu Kashmir and Ladakh has directed the Union Territory administration to release the long-pending payments due to labourers engaged in the restoration of damaged Public Health Engineering (PHE) infrastructure in Baramulla following the April 2017 rains, along with 10 per cent annual interest from the date the writ petition was filed in 2021. The Court held that workers who executed government-assigned restoration works cannot be denied their legitimate dues because of administrative or procedural delays.
Justice Mohammad Yousuf Wani, while allowing a writ petition filed by Mohammad Ishaq Najar and others, directed the respondents to make payment under rules for the civil cost component of the restoration works undertaken under the State Disaster Response Fund (SDRF) and complete the exercise within six weeks.
The judgment was pronounced on June 30, 2026, and uploaded on July 2, 2026, in WP(C) No. 1100/2021.
The petitioners submitted that they had been entrusted with restoring water supply pipelines and other damaged PHE infrastructure across various subdivisions of Baramulla after heavy rains between April 4 and April 8, 2017. They contended that the works were completed within the stipulated time under the instructions of the authorities and that repeated official communications, inspections and physical verifications had confirmed the execution of the works.
According to the petition, the restoration works were verified by a committee headed by the Additional District Development Commissioner, Baramulla, which confirmed that the works had been executed and existed on the ground. Subsequent communications between the District Development Commissioner, Divisional Commissioner and the Disaster Management Department acknowledged liabilities running into crores of rupees under the SDRF.
Despite these verifications, the petitioners alleged that payments for the labour component remained unpaid for several years because of procedural issues concerning SDRF funding norms. They argued that while SDRF guidelines prescribed a ceiling of Rs 1.5 lakh per drinking water scheme, their claims related only to the civil labour component and not to the material cost, which had been supplied by the department itself.
The petitioners further claimed that contractors in other districts had received payments for similar SDRF works, while those in Baramulla continued to be denied their legitimate dues despite repeated acknowledgements by the authorities.
During the proceedings, the respondents did not dispute that the petitioners had executed the restoration works. The Deputy Commissioner, Baramulla, and other district authorities stated that payments could be released only after SDRF funds were made available in accordance with government guidelines. The PHE Department also admitted that the liabilities existed and informed the Court that it had repeatedly requested the competent authorities to release funds so that payments could be made.
Pursuant to an earlier direction of the Court, the PHE Department filed a supplementary affidavit in August 2023 detailing the works executed by each petitioner and the amounts due. The affidavit stated that the works had been verified by the Additional District Development Commissioner, Tehsildar, Executive Engineer and Superintendent Engineer concerned, and that the executed works complied with SDRF norms.
After examining the pleadings, official communications and supplementary affidavit, Justice Wani observed that the respondents had not disputed either the execution of the restoration works or their liability towards the petitioners.
The Court held that once the government utilises the services of individuals for urgent public works, especially during disasters, such persons cannot be deprived of their lawful payments merely because of technical objections or pending administrative formalities.
The judgment also observed that accountability for payment of legitimate liabilities rests with government departments and that administrative delays or transfer of officers cannot become a reason for withholding dues. The Court noted that delayed payments ultimately burden the State with additional interest liability and adversely affect the quality and timely execution of essential public works.
Holding that the prolonged inaction had infringed the petitioners’ rights, the Court directed the respondents to release payment for the civil cost component of the 2017 SDRF restoration works, if not already paid, together with interest at the rate of 10 per cent per annum from June 8, 2021, the date of filing of the petition, until final payment.
The Court further directed the Director, Disaster Management, Divisional Commissioner, Kashmir, Deputy Commissioner, Baramulla, Superintendent Engineer, and Executive Engineer concerned to coordinate the release, drawal and disbursement of the funds in accordance with rules within six weeks from the date certified copies of the judgment are served upon them.
