Judgment Ali Mohammad Magrey, J.—The instant petition is filed by 126 petitioners claiming to be comprised of in-service and retired employees of the J&K Sheep and Sheep Products Development Board, for short Board, seeking the following relief: “Writ of Mandamus:- commanding the respondents to take all those steps, as expeditiously as possible, which are necessary to make the J&K Sheep and Sheep Products Development Board, viable or in alternative merge the same along with its infrastructure and employees with the Animal and Sheep Husbandry Department of the government of Jammu and Kashmir and give to its employees appropriate place/ status, salary and other service benefits commensurate to their status in the Board. Or in the alternative implement the decisions taken in the 46th meeting, held on 21.01.2014 of, as contained in annexure H, BOD of the Board in letter and spirit as expeditiously as possible and in furtherance thereof, the government Finance Department be directed to release the required funds to the Board as are required for the purposes of meeting the salary, pensionary gratuity, DA/Cola, liability of its employees in the first instance and thereafter, release sub venture grants in favour of the Board for the purposes of making the Board an effective business establishment in order to bring profits to the government and to meet the required public purpose for which it has been established and for any other relief order or direction this honourable court deems fit proper and convenient in the peculiar circumstances of the case, though not specially prayed for. And The Finance Department be directed to release the funds required by the Board for implementation of the decision taken at item number 46.03 concerning implementation of the pension scheme/ other service conditions, to the employees of the Board on the pattern of the scheme available to the employees of Khadi & Village Industries Board. The Finance Department be further directed to release the total Establishment cost in full to the Jammu and Kashmir Sheep and Sheep Products Development Board till the Board is fully activated under revival plan and generates sufficient resources to meet such like expenditure. The Finance Department be further directed to release the total Establishment cost in full to the Jammu and Kashmir Sheep and Sheep Products Development Board till the Board is fully activated under revival plan and generates sufficient resources to meet such like expenditure. The Managing Director of the Board be directed by issuance of writ of mandamus to prepare the latest demand in light of agenda number 46.05 of the 46th Board Meeting in respect of release of COLA arrears, tours leave salary and gratuity of the employees and in respect of any arrears of the employees of the Board permitted the same to the Finance Department through Administrative Department and with further direction to the Finance Department and other connected departments to release the said amount to the Board within a period of two months for its disbursement amongst the employees of the Board.” 2. The relief prayed for in the writ petition is sought on the ground that on the establishment of the Board in the year 1979 by the Act of the Government, some of the employees were working in two wool Grading Centres of the Sheep Husbandry Department at Nowshera, Srinagar and Kartholi, Jammu, and later on the Board employed people of its own. It is stated that in terms of Government Order No. 37 ASH of 1981 dated 24.02.1981, the Government accorded sanction to two Wool Grading Centres of the Sheep Husbandry Department at Nowshera, Srinagar and Kartholi, Jammu along with the buildings, land, one truck and equipment to the Jammu and Kashmir State Sheep and Sheep Products Development Board as a trustee. Thereupon, the Board, merged these two centres with the Board. 3. No service condition rules were framed for the employees of the Board after its creation which created hardships for its employees vis-à-vis their pensionary benefits, promotion and other allied issues. It is stated that the petitioners are not being released their service benefits/ post retiral benefits as per Government Order No. 46-ASH of 2008 dated 24.03.2008 in terms whereof the employees of the Board are declared entitled to the pattern adopted for KVIB notified by KVIB Order No. KVIB/340 of 1993 dated 16.12.1993. 4. It is stated that the petitioners are not being released their service benefits/ post retiral benefits as per Government Order No. 46-ASH of 2008 dated 24.03.2008 in terms whereof the employees of the Board are declared entitled to the pattern adopted for KVIB notified by KVIB Order No. KVIB/340 of 1993 dated 16.12.1993. 4. It is further stated that the petitioners’ grievances for release of the service benefits/ pensionary benefits are not being addressed and the arrears on account of 6th Pay Commission w.e.f 2006 has not been released in their favour as has been done in case of other similarly placed bodies/ corporations. 5. It is stated further in the writ petition that although the Government has from time to time highlighted the importance of the Board and its contribution for the economy in terms of various communications, the Board has still been deprived of its own rules resulting in retirement of many employees without pension and deaths of many others in harness without any compassionate appointment to their dependents; that in terms of a communication bearing No. ASH/SH-55/2003 dated 05.05.2007 of the Deputy Secretary to the Government Animal/ Sheep Husbandry Department, addressed to the Managing Director of the Board conveying him the approval of the Finance Department to the notification of pension scheme for the employees of the Board on the pattern of KVIB as notified by KVIB Order No. KVI-B/340 of 1993 dated 16.12.1993, besides conveying agreement to adoption of notification of Rules namely, a) Adoption of J and K pw accounts Code; b) J and K Reservation Rules, 1994; and c ) J and K Employees Conduct Rules. The communication further makes it clear that the other rules involving substantial financial implication shall be considered after the Animal/ Sheep Husbandry Department works out the financial implication and identifies the resources from which these could be met by the Board. 6. It is also stated in the writ petition that subsequently in terms of Government Order bearing no. The communication further makes it clear that the other rules involving substantial financial implication shall be considered after the Animal/ Sheep Husbandry Department works out the financial implication and identifies the resources from which these could be met by the Board. 6. It is also stated in the writ petition that subsequently in terms of Government Order bearing no. 46 ASH of 2008 dated 24.03.2008, the above referred rules were adopted for the Board and the other rules involving financial implications were to be adopted when the Finance Department provides the sufficient financial support to the Board; that in the year 2011 the Government of Jammu and Kashmir, respondents entered into a contract with the scientists and experts to examine and analyze this sector of the state of Jammu and Kashmir to give its expert analysis for the revival of this Board and till date no opinion of these experts has been implemented; that a writ petition, SWP no. 1231/2003 came to be filed by the employees of the Board which has been disposed of by this Court in terms of judgment dated 8th April, 2004, directing that the sub-committee appointed for the purpose must look into the grievances of the employees of the Board and submit their recommendations to the Government for implementation within a period of six months. 7. The writ petition further reads that one Mohammad Yaseen Qadri, an employee of the Board, on reaching superannuation approached this Court with a writ petition, SWP no. 1066/2010, which came to be decided in terms of judgment dated 11th October, 2013, with a direction to the Board to release the retiral benefits in his favour. 8. It is also stated in the writ petition that a Board meeting was conducted, thereafter, under the chairmanship of the Minister of State Animal/ Sheep Husbandry Department which was the 46th Board of Directors Meeting on 21st January, 2014, in which the matter of the Board figured at Agenda Item no. 8. It is also stated in the writ petition that a Board meeting was conducted, thereafter, under the chairmanship of the Minister of State Animal/ Sheep Husbandry Department which was the 46th Board of Directors Meeting on 21st January, 2014, in which the matter of the Board figured at Agenda Item no. 46.03 and while deliberating over the issue it was resolved that the service conditions applied to J&K Khadi and Village Industries Board, are Mutatis Mutandis applied to J&K Sheep and Sheep Products Development Board in toto as are observed by the J&K Government along with the amendments as have been or may be made in these rules by the government from time to time for regulating the service conditions of the employees and allied matters in the Board. It is further stated in the writ petition that at agenda item no. 46.14 of the said meeting of the Board of Directors the sixth pay commission recommendations were also decided to be implemented in favour of the employees of the Board. 9. Further it is averred in the writ petition that several communications have been addressed by the Board to the respondents from time to time for framing of service condition rules, besides the employees have also represented to the Governor over the issue and seeking budgetary support. Furthermore, the petitioners have taken a plea that the Act, in terms whereof the Board came to be constituted, makes it clear that the Board is the baby of the Government; therefore, it is the Government which has to determine the terms of service of the employees of the Board. 10. Upon notice the respondents appeared and filed their reply and admitted the contents of the Government Order No. 46-ASH of 2008 dated 24.03.2008, but have stated that the release of the service benefits/ post retiral benefits like KVIB are subject to the availability of the resources to be declared by the Board. 11. I have heard learned counsel for the parties. 12. Mr Molvi Ajaz, learned counsel for the petitioners, submits that this court, while disposing of a writ petition, SWP no. 11. I have heard learned counsel for the parties. 12. Mr Molvi Ajaz, learned counsel for the petitioners, submits that this court, while disposing of a writ petition, SWP no. 1066/2010, titled Mohammad Yaseen Qadri v. State and others vide judgment dated 11th October, 2013, which involved similar questions of law and fact, directed the respondents to consider the representations of the petitioner pending for accord of consideration for release of service benefits/ post retiral benefits, to which he is found entitled to and pass appropriate orders within a period of two months from the date copy of the order is served upon the respondents. It was further directed that service benefits including arrears of COLA etc be calculated and paid to the petitioner within a period of three months. Learned counsel for the petitioners referred to the judgment to indicate that the petitioner in the said writ petitioner is one of the employees of the Board and is a petitioner in this writ petition also. 13. He submits that the respondents, thereafter, issued Office Order No. 17 of 2014 dated 08.01.2014, purportedly in compliance to the judgment dated 11.10.2013, whereby, the respondents have taken a stand that the orders of the court shall be implemented in letter and spirit as and when the service conditions and financial support is extended to the Board by the Government. He submits that the stand taken in the said order is in gross violation of the judgment dated 11.10.2013. 14. The learned counsel submits that the respondents have not only given a deaf ear to the requests of the petitioners, but have shown absolute disregard to the provisions of the Act, by virtue of which the Board came into being, and the command of the judgment dated 11th October, 2013. 15. He submits that the condition of the Board in comparison to the Jammu and Kashmir Industries who had also no rules of its own and were later on extended its benefit, is much better and, therefore, the respondents are not justified in denying the Board its due. 16. Learned counsel for the petitioners further submits that the Board has sufficient finances available with it to meet the liability which would accrue due to them on extension of the benefit of service condition rules. He submits further that even at present the Board has balance of Rs. 16. Learned counsel for the petitioners further submits that the Board has sufficient finances available with it to meet the liability which would accrue due to them on extension of the benefit of service condition rules. He submits further that even at present the Board has balance of Rs. 5.00 crores available with it in the shape of FDR’s at JK Bank Branch Baghi Ali Mardan Khan, Nowshehra, Srinagar, bearing A/c no. CDG4. 17. He submits that the petitioners have filed a CM also bearing no. 7257/2019 seeking disposal of the writ petition on the same lines as has been passed by this Court in SWP no. 1250/2002 c/w SWP nos. 1468/2004, 945/2002, 27/2003, 79/2003 and 142/2007 decided on 12.03.2009, therefore, he prays for disposal of the writ petition alternatively on the same pattern as has been adopted in the writ petitions supra being similar in nature. 18. Learned counsel for the petitioner, has demonstrated that the Board is viable enough to cater to the demand of its employees. In this connection he has placed on record the details of the amount lying in the bank accounts of the Board, and other assets of the Board. 19. On the other hand Mr N. H. Shah, learned Sr. AAG, submits that the Board is constituted by the Act of 1979 and it has its own resources. He submits that there are no Rules of the Board of its own. 20. He further submits that the respondents have issued a Government Order in terms whereof it has been provided that the benefit of pension and other service benefits cannot be extended in favour of the Board employees unless the finance for the purpose is available. 21. Considered the submissions made and went through the entire material placed on record. 22. Respondents have not pointed out the non-availability of the resources of the Board which forms basis for withholding of the release of pensionary benefits and service benefits as decided by the Government in terms of the Government order supra. The moot question for consideration in light of the averments of the parties as also of the documents enclosed, relating to the decision of the Board of Directors as also of the Government from time to time, is, as to why the petitioners should be denied the benefits which are made available to the KVIB? The moot question for consideration in light of the averments of the parties as also of the documents enclosed, relating to the decision of the Board of Directors as also of the Government from time to time, is, as to why the petitioners should be denied the benefits which are made available to the KVIB? Could it be denied merely by referring to non-availability of the resources which is controverted and proven false by the other side sufficiently? 23. The court cannot disbelieve the petitioners who have demonstrated that the Board has sufficient resources available with it. 24. It appears that the petitioners, who are the employees of the Board, are raising a just and reasonable issue for consideration and the respondents, in principle, also appear to be in such agreement. However, the only difficulty as would appear from the rival contentions is that the Government is unable to meet the financial implications involved in extending the benefit of pension and other allied service benefits to the petitioner. In such situation the court, while taking note of the fact that the right to salary is a fundamental right getting due to every employee for the service rendered against it, feels that denying such benefit to the petitioners, obviously, is bound to cause great inconvenience and prejudice to their rights. Therefore, it has become necessary to seek the implementation of the Government Order no. 46-ASH of 2008 dated 24.03.2008 notwithstanding the bottlenecks mentioned therein. 25. In view of above, the writ petition, along with all CM(s), is allowed in the following manner: 1) By a writ of Mandamus the respondents are directed to implement the Government Order No. 46-ASH of 2008 dated 24.03.2008 for release of service/ pensionary benefits in favour of petitioners after the viability of the Board is assessed by the Committee to be constituted for the purpose by the Commissioner-Secretary to the Government, GAD within a period of two weeks. 2) The Committee so constituted shall assess the viability of the Board and submit its report about its resources within a period of two months from the date it is constituted. 3) The Service/ pensionary benefits of the petitioners shall be released in their favour out of the assessed resources of the board as also of the Government. 2) The Committee so constituted shall assess the viability of the Board and submit its report about its resources within a period of two months from the date it is constituted. 3) The Service/ pensionary benefits of the petitioners shall be released in their favour out of the assessed resources of the board as also of the Government. 4) The exercise with reference to implementation of the Government Order supra shall be completed within a period of four months from today and the petitioners are given the service benefits/ retiral benefits to which they have been found entitled to. 5) In the event the benefits are not released in favour of the petitioners they would be entitled to interest also at the prevailing bank rate of the time. 26. Registry to provide copy of the judgment to the learned counsel for the parties. 27. Disposed of along with all connected CM(s) on the above lines.