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Jammu & Kashmir High Court

Vijay Sajgotra vs State Of J&K; And Ors. on 13 November, 2017

Author: Sanjay Kumar Gupta

Bench: Sanjay Kumar Gupta

                  HIGH COURT OF JAMMU AND KASHMIR
                              AT JAMMU
OWP No. 1447/2010
                                                           Date of order: 13.11.2017
Vijay Sajgotra                            Vs                 State of J&K and others
Coram:
                Hon'ble Mr. Justice Sanjay Kumar Gupta, Judge
Appearance:
For the petitioner (s)       : Mr. Narinder Kr. Attri, Advocate.
For the respondent(s)         : Mr. Ravinder Gupta, AAG.

(Oral)

1. The only grievance put forth by the learned counsel for the petitioner is that being an enrolled Advocate he was appointed as a Standing Counsel for J&K Cements Ltd. by the Government vide order dated LD(A)97/10 dated 25.11.1997 on a monthly retainership of Rs.1500/-. Consequently, vide Govt. Order No. 2485-LD(A) of 2003 dated 17.09.2003 the monthly retainership has been enhanced from Rs. 1500/- to Rs. 3000/- and payment of counsel fee @ Rs. 2000/- per case with miscellaneous expenses of Rs.1000/-, but instead of giving payment to the petitioner according to the new fee structure, the respondents gave retainership @ Rs. 1500 per month, as per the old fee structure with effect from 17.09.2003 till 12.01.2008.

2. It is further stated that a representation to this effect has also been submitted by the petitioner for release of arrears in terms of the aforementioned Government order, which is annexed as Annexure-E with the writ petition, but no action has been done in this regard.

3. Learned counsel for the petitioner submits that he would feel satisfied in case the instant case is disposed of with a direction to the respondents to OWP No. 1447/2010 Page 1 of 2 decide the representation of the petitioner by considering his claim for releases of arrears within a fixed time limit.

4. Looking to the innocuous prayed made by the learned counsel for the petitioner, this petition is disposed of with a direction to the respondents to consider the case of the petitioner with regard to his release of his retainership arrears with effect from 17.09.2003 till 12.01.2008 in terms of Govt. Order No. 2485-LD(A) of 2003 dated 17.09.2003 within a period of six weeks' from the date a copy of this order along with complete set of paper-book is made available to the respondents.

5. Disposed of as above along with connected MP.

( Sanjay Kumar Gupta ) Judge Jammu 13.11.2017 (Muneesh) OWP No. 1447/2010 Page 2 of 2