Jammu & Kashmir High Court - Srinagar Bench
Manzoor Ahmad Malik And Others vs State And Others on 11 July, 2017
Author: Ramalingam Sudhakar
Bench: Ramalingam Sudhakar
HIGH COURT OF JAMMU & KASHMIR
AT SRINAGAR.
SWP no. 1720/2013
MP nos. 01/2017, 2756/2013
Date of Order: 11.07.2017
Manzoor Ahmad Malik and others
Vs.
State of J&K and ors.
Coram:
Hon'ble Mr. Justice Ramalingam Sudhakar, Judge.
Appearing Counsel:
For the petitioner(s): Mr. Zainul Abideen, Adv.
For the respondent(s): Mr. M. I. Dar, AAG, Mr. Irfan Andleeb, Dy AG
i. Whether to be approved for reporting in Yes/No NET.
ii. Whether to be approved for reporting in Yes/No Digest/Journal.
1. Petitioners, working as safaiwallas on consolidated basis at different medical centres/sub-centres of Health department in Beerwah, Budgam, have filed the present writ petition with following relief:
A. Issue a writ/order/direction in the nature of mandamus, thereby commanding the respondents to release the unpaid salary/earned wages to the petitioners without any further delay;
B. Issue a writ/order/direction in the nature of mandamus thereby directing the respondents to allow the petitioners to continue to work at their respective places of posting without any interference; and/or C. Any other writ/order/direction which this Hon'ble Court deems just and proper to issue in the attendant facts and circumstances of the case, be also issued in favour of the petitioner and against the respondents in the interest of justice, equity and good conscience.
2. Going through the relief claimed by petitioners, the writ petition is admitted and taken up for final disposal.
3. No objections have been filed by the respondents despite lapse of more than three years. The petitioners have been engaged as safaiwalas on consolidated basis from 1996 to SWP no. 1720/2013 Page 1 of 3 2006 at different medical centres/sub-centres of the respondent department in Beerwah, district Budgam.
4. The petitioners plead that since their engagement in the respondent department, they have been working full time. However, the respondents in utter disregard to the services rendered by the petitioners have been denied lawfully earned wages and salary, without any justification.
5. Aggrieved by this, they have filed the present writ petition. The petitioners rely upon communication dated 19.08.2011 addressed by BMO Beerwah to CMO Budgam and the certificate issued by BMO Beerwah on 14.09.2011 showing a list of 34 consolidated safaiwallas. They also rely upon further proceedings dated 27.05.2012 of the BMO forwarding the list of safaiwallas working on consolidated basis. Despite these communications, the petitioners plead that they have been denied proper wages, minimum wages and their representations have gone unheeded.
6. On interim directions the respondents were asked to accord consideration and they have filed response to the contempt petition stating that there is compliance, but in effect the petitioners plead that respondents have not shown due diligence in according consideration.
7. Last of the communications addressed to the Deputy Director, Health Services (HQ) Kashmir to Commissioner Secretary to Govt., Health and Medical Education Department, Kashmir, is dated 12.06.2017. The Public Law Officer Health and Medical Education Department, has also addressed a letter to Director Health Services Kashmir dated 11.05.2017 asking for certain details in respect of SWP no. 1720/2013 Page 2 of 3 safaiwalas working on consolidated basis in block Beerwah, Budgam so that action can be taken to comply the directions of the court.
8. In this view of the matter, the writ petition is disposed of with a direction to respondents 1 and 2 to accord consideration to the recommendation of Chief Medical Officer, Budgam, and Block Medical Officer, Beerwah and pass reasoned order on the claim of the petitioners on merit, within a period of eight weeks from the date of receipt of this order.
9. The grievance of the petitioners, if justified, their salary be released commensurate with the nature of duties performed by the petitioners as also other service benefits.
10. Disposed of.
Srinagar (Ramalingam Sudhakar)
11.07.2017 Judge
N Ahmad
SWP no. 1720/2013 Page 3 of 3