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Jammu & Kashmir High Court - Srinagar Bench

Abdul Rashid Lone & Ors vs State Of Jk & Ors. ---Respondent(S) on 9 October, 2019

Bench: Chief Justice, Dhiraj Singh Thakur

            Serial No. 1
            Advance List


                      IN THE HIGH COURT OF JAMMU AND KASHMIR
                                     At SRINAGAR

                                            CPLPA No. 4/2016

           Abdul Rashid Lone & Ors.                                      ---Petitioner/Appellant(s)
                                 Through: Appellant No.1 Abdul Rashid Lone is present.

                                                    V/s
           State of JK & Ors.                                                    ---Respondent(s)
                                 Through: Mr. Javaid Iqbal, Sr. AAG for 1,2 and 4.
                                          Mr. Sajad Ashraf GA, for 3 and 5.


           CORAM:

                     HON'BLE THE CHIEF JUSTICE
                     HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE

                                                ORDER

09.10.2019

1. An action taken report dated 5th September 2019 (page 122) has been filed by Mr. Javaid Iqbal, learned Sr. AAG.

2. Appellant No. 1 submits that though the Finance Department has accorded the concurrence for creation of 32 posts on supernumerary basis for the appellants who have been absorbed in the Co-operative Department, however, no action has been taken to approval for intervening period till such time, the approval has been accorded.

3. The respondents shall take an immediate decision in this regard as well and submit a further report to this Court.

4. It is submitted by Mr. Javaid Iqbal, learned Sr. AAG that by the order dated 27th August 2019, the Accounts Officer (Codes) Finance Department has recommended that the intervening period of the employees absorbed in the Co-operative Department be treated as dies-non.

5. The appellant No. 1 Abdul Rashid Lone has handed over a copy of the Government Order No. 1163-GAD of 2018 dated 18.07.2018 passed by the General Administration Department. The same is reproduced hereunder :

Subject: Implementation of the judgment/order dated 30.09.2016 passed by the Hon'ble High Court in SWP No. 1387/2008 titled Shabir Ahmad Khan & Ors vs. State of JK & Ors.

"Government Order No. 1163-GAD of 2018 Dated 18.07.2018 Sanction is hereby accorded for treating the period from 16.07.1999 to 11.11.2010, as on duty on notional basis for the purpose of counting of said period towards pensionary benefits in favour of following surplus employees of the erstwhile CONFED who were absorbed in the J&K Secretariat (Subordinate) Service vide Government Order No. 53-GAD of 2011 dated 10.01.2011:

i) Mr. Abdul Hamid Bhat, S/o Mr. Ghulam Mohammad Bhat, R/o Palapora, Sonwar, Srinagar.

ii) Mr. Bashir Ahmad Bhat, S/o Mr. Abdul Gani Bhat, R/o Tailbal, Srinagar.

iii) Mr. Abdul Rashid Mir, S/o Mr. Ghulam Rasool Mir, R/o Channapora, Srinagar.

iv) Mr. Ghulam Mohammad Peer S/o Mr. Ghulam Ahmad Peer, R/o Brain Nishat, Srinagar.

v) Mr. Imtiyaz Ahmad Khan, S/o Mr. Ghulam Mohammad Khan, R/o Qamarwari, Srinagar.

vi) Mr. Mohammad Tariq Shah, S/o Mr. Ghulam Mohammad Shah, R/o Habbi Colony Lal Bazar, Srinagar.

vii) Mr. Noor Mohammad Bhat, S/o Mr. Abdul Rehman Bhat, R/o Bagh-e-Mehtab, Budgam.

This issues with the concurrence of the Finance Department conveyed vide its U.O No. A/78(08)-357 dated 14.05.2018.

By Order of the Government of Jammu and Kashmir."

6. The appellant No. 1 submits that appellants are identically placed as the persons named as i) to vii) in the Government Order dated 18th July 2018.

7. We are unable to see as to why the present appellants should be treated differently.

8. It is unfortunate that similarly situated employees in different departments of the Government are being treated differently by the Finance Department.

9. The Finance Department requires to take a relook with regard to the matter of the intervening period in the light of the Government Order No. 1163-GAD of 2018 dated 18.07.2018. Immediate review shall be undertaken MOHAMMAD ALTAF NIMA 2019.10.10 10:46 I attest to the accuracy and integrity of this document CPLPA No. 4/2016 Page 2 of 3 and an action taken report be placed before this Court before the next date of hearing.

List on 13th November 2019.

10. Copy of this order be supplied to learned counsel for the parties under the seal and signatures of Bench Secretary.

                                (DHIRAJ SINGH THAKUR)                 (GITA MITTAL)
                                               JUDGE                  CHIEF JUSTICE
           Srinagar
           09.10.2019
           Altaf




MOHAMMAD ALTAF NIMA
2019.10.10 10:46
I attest to the accuracy and
integrity of this document
           CPLPA No. 4/2016                                                      Page 3 of 3