Jammu & Kashmir High Court - Srinagar Bench
Abdul Rashid Khan vs State Of J&K; And Ors. on 12 September, 2017
Author: Ramalingam Sudhakar
Bench: Ramalingam Sudhakar
Serial No. 06
Supply. List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
SWP No.1819/2017
Date of order: 12.09.2017
Abdul Rashid Khan Vs. State of J&K and ors.
Coram:
Hon'ble Mr. Justice Ramalingam Sudhakar, Judge.
Appearance:
For the Petitioner(s): Ms. Asma Rashid, Advocate
For the Respondent(s): Mr. B. A. Dar, Sr. AAG vice
Mr. R. A. Khan, AAG
i) Whether approved for reporting in Yes/No Law Journals etc.:
ii) Whether approved for publication in Press: Yes/No
1. Notice. Mr. B. A. Dar, Sr. AAG appearing vice Mr. R. A. Khan, AAG accepts notice on behalf of the respondents.
2. Considering the nature of relief sought for, the instant writ petition is admitted and with the consent of learned counsel for the parties taken up for final disposal.
3. The petitioner claims to be a permanent employee of the respondent-department and while working as Technician-
IV/Lineman he got injured by the electric transmission line. Thereafter vide order dated 18.03.2015, he was transferred to the SWP No. 1819/2017 Page 1 of 3 office of Executive Engineer Electric Division Sopore. He challenged the said transferred order by filing a writ petition bearing SWP No. 770/2015 on the ground of physical disability. The said writ petition came to be disposed of on 23.04.2015 with the direction to respondent No. 3 to consider and decide the representation of the petitioner dated 20.03.2015. Learned counsel for the petitioner states that representation of the petitioner was not considered, thereafter contempt petition bearing COA No. 29/2016 was filed. The petitioner approached the respondents to allow him to join the new place of posting, but he was not allowed to join, in view of the pendency of the contempt petition. He filed a MP No. 01/2017 seeking a direction to allow him to join the new place of posting. The contempt petition and the said application came to be disposed of by order dated 01.02.2017 with the direction to the competent authority to take action for joining of the petitioner in accordance with the law within a period of one month. It was also directed that salary of the petitioner be released for the services rendered.
4. According to the petitioner, respondents have allowed the petitioner to join his services, and he has been paid an amount of Rs. 2,07,000/-and Rs. 18,000/- stands deposited towards his SWP No. 1819/2017 Page 2 of 3 G.P.Fund. The grievance of the petitioner is that his salary has been released only for 9 months and salary of 14 months has been withheld by the respondents.
5. The petitioner has not filed any representation to the competent authority, he has come to this Court seeking mandamus commanding the respondents to release his withheld salary. Learned counsel for the petitioner states that a representation will be filed by the petitioner justifying his claim for release of 14 months' salary.
6. In view of the short controversy involved in the instant writ petition, the same is disposed of by giving liberty to the petitioner to make a detailed representation to the competent authority justifying his claim for release of 14 months' salary. On such, representation being filed, respondents 3 and 4 shall accord consideration and dispose of the same on its own merits within a period of six weeks from the date of receipt of representation alongwith copy of this order.
7. Writ petition disposed of, as above.
(Ramalingam Sudhakar) Judge SRINAGAR 12.09.2017 Bir SWP No. 1819/2017 Page 3 of 3 SWP No. 1819/2017 Page 4 of 3