The High Court of Jammu & Kashmir and Ladakh has dismissed an appeal filed by the Jammu and Kashmir Board of School Education (BOSE) against a former education officer, holding that money paid to him for performing higher responsibilities could not be recovered later.
A Division Bench observed that although the officer may not have been strictly entitled to “charge allowance” under the service rules, he had in fact discharged duties of a higher office and deserved compensation for that work.
Background of the Case
The dispute arose after Syed Abdul Rouf, an officer from the School Education Department, was deputed to work as In-charge Joint Secretary in BOSE on different occasions.
According to court records, the Board had sanctioned charge allowance in his favour while he worked in the higher post. However, in February 2017, BOSE issued an order directing recovery of the entire amount paid as charge allowance between March 2015 and January 2017.
Rouf challenged the recovery before the writ court, arguing that he had performed duties of a higher office and was therefore entitled to the allowance under the Jammu and Kashmir Civil Service Regulations (CSR).
The Single Judge had earlier quashed the recovery order, after which BOSE filed an intra-court appeal before the Division Bench.
The Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar examined the rules governing deputation and charge allowance in detail.
The court noted that the respondent had been sent to a statutory body outside his parent department and that such deputation was governed by separate provisions under the CSR.
At the same time, the Bench pointed out several irregularities in the manner of deputation and grant of allowance.
“The respondent was neither entitled to the charge allowance nor to the deputation allowance,” the court observed while discussing the technical rule position.
However, the judges also emphasized that the officer had actually worked on a post carrying greater responsibility.
The Bench stated that the respondent had been “called upon by the Government to perform the plenary duties of a higher office carrying higher responsibilities” and therefore “was entitled to be compensated.”
The court further said that whether the payment was described as charge allowance or deputation allowance, it essentially remained compensation for performing duties outside his cadre and at a higher level.
Refusing to interfere with the earlier judgment, the Division Bench dismissed the appeal filed by BOSE and upheld the order quashing the recovery proceedings against the officer.
The court also vacated all interim directions.
Case Details
Case Title: Chairman J&K Board of School Education vs Syed Abdul Rouf & Another
Case Number: LPA No. 36/2025
Judges: Justice Sanjeev Kumar and Justice Sanjay Parihar
Decision Date: May 6, 2026
