Authority: High Court of Jammu & Kashmir and Ladakh at Srinagar
Order Date: 25 September 2026
Case Overview
- Petitioners: Mohammad Yousuf Dar, S/O Late Ali Mohammad Dar, R/O Beebrda, Parigam Check, District Kulgam, represented by Sr. Adv. N.A. Beigh and Adv. Sofi Manzoor.
- Respondents: Food Corporation of India (FCI) represented by General Manager, North Noida; Assistant General Manager, CPF, Zonal Office, North Noida; Divisional Manager, Sanant-Nagar, Srinagar, represented by Adv. Omais Kawoos.
- Writ Petition (WP(C) No. 2811/2021, CM No.8704/2021) filed under Article 226 seeking a mandamus directing FCI to produce retirement records and pay the alleged withheld amount of Rs.2,74,349/-.
- Petitioner retired as an Ancillary Worker on 01.07.2021; claims CPF entitlement of Rs.9,23,188/- but only Rs.8,74,918/- was released, creating a difference of Rs.48,270/-. The overall grievance concerns the larger sum of Rs.2,74,349/- allegedly withheld.
- Petitioner compared his CPF balance with that of a similarly situated employee, Muzaffar Ahmad Magloo (CPF No.6388), who joined on 01.01.1994 and, according to petitioner, has a CPF balance of Rs.11,11,467/- as of 2021‑2022. Respondents argued that Magloo has not retired and his CPF is calculated on actual days worked, thus not a basis for parity.
- Respondents filed a counter‑affidavit on 15.12.2025, denying any shortfall and stating all dues were paid. A subsequent affidavit on 16.12.2025 claimed a meeting was held, petitioner was satisfied with the calculation, and he submitted a representation (thumb‑impressed) to withdraw the writ, annexed to the affidavit.
- On 07.04.2025, respondents informed the Court of the alleged withdrawal representation; however, on 02.09.2025, petitioner’s counsel denied having submitted such a representation.
Final Outcome
- The Court observed that the petitioner’s claim hinges on the correctness of CPF computation and that parity with the colleague cannot alone establish entitlement.
- Given the disputed facts and the petitioner’s denial of the alleged withdrawal representation, the Court declined to order immediate payment of Rs.2,74,349/-.
- The Court directed FCI to conduct a fresh verification of the petitioner’s CPF/retirement benefit account based on original service records, CPF ledger, monthly contributions, employer contributions, interest credited, and any withdrawals/adjustments.
- FCI must specifically indicate the basis for the petitioner’s claimed entitlement of Rs.9,23,188/- versus the amount actually released (Rs.8,74,918/-).
- If the verification reveals any amount due, FCI shall release it within the stipulated time; if no further amount is payable, FCI must furnish a detailed, reasoned communication explaining the calculation.
- The petitioner retains the right to pursue further legal remedy if dissatisfied with the verification outcome.
- The petition is disposed of along with pending applications.
Topics: Retirement Benefits, Legal Dispute, Food Corporation of India