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Documents citing Ashiq Hussain Dar & Ors vs Union Territory Of Jk & Ors on 19 March, 2020

Union Territory Of J&K & Ors vs Aishiq Hussain Dar & Ors on 18 November, 2020

The appellants in this Letters Patent Appeal are aggrieved and assail the judgment dated 19th March 2020, passed by the learned Single Judge in WP (C) No. 742/2020, clubbed with SWP No. 2648/2018, CCP (S) No. 402/2019, titled as Ashiq Hussain Dar and others vs. Union Territory of J&K & Ors. Before proceeding to appreciate the grounds of challenge, urged by Mr. Shah Amir, AAG in support of appeal, it is necessary to briefly notice the few facts.
Jammu & Kashmir High Court - Srinagar Bench Cites 1 - Cited by 0 - Full Document

Ut Of J&K And Ors vs Irshad Ahmad Bhat And Ors on 19 February, 2024

3. From the above it is evident that the learned CAT made two directions. One of the said directions is to treat the applicant (private respondent) herein as being similarly situated with the petitioners of the judgment in WP(C) 742/2020 titled "Ashiq Hussain Dar and Anr. vs. UT of J&K and Ors.", the other direction was to release the wages.
Jammu & Kashmir High Court - Srinagar Bench Cites 1 - Cited by 0 - N K Singh - Full Document

Ut Of J&K And Ors vs Tanveer Ahmad Wani And Ors on 19 February, 2024

3. From the above it is evident that the learned CAT made two directions. One of the said directions is to treat the applicant (private respondent) herein as being similarly situated with the petitioners of the judgment in WP(C) 742/2020 titled "Ashiq Hussain Dar and Anr. vs. UT of J&K and Ors.", the other direction was to release the wages.
Jammu & Kashmir High Court - Srinagar Bench Cites 1 - Cited by 0 - N K Singh - Full Document

Ut Of J&K And Ors vs Tawseef Ahmad Mantoo And Ors on 19 February, 2024

4. From the above it is evident that the learned CAT made two directions. One of the said directions is to treat the applicant (private respondent) herein as being similarly situated with the petitioners of the judgment in WP(C) 742/2020 titled "Ashiq Hussain Dar and Anr. vs. UT of J&K and Ors.", the other direction was to release the wages.
Jammu & Kashmir High Court - Srinagar Bench Cites 1 - Cited by 0 - N K Singh - Full Document

Ut Of J&K And Ors vs Ghulam Nabi Sheikh And Ors on 19 February, 2024

3. From the above it is evident that the learned CAT made two directions. One of the said directions is to treat the applicant (private respondent) herein as being similarly situated with the petitioners of the judgment in WP(C) 742/2020 titled "Ashiq Hussain Dar and Anr. vs. UT of J&K and Ors.", the other direction was to release the wages.
Jammu & Kashmir High Court - Srinagar Bench Cites 1 - Cited by 0 - N K Singh - Full Document

Ut Of J&K And Ors vs Mohd Sultan Mochi And Ors on 19 February, 2024

3. From the above it is evident that the learned CAT made two directions. One of the said directions is to treat the applicant (private respondent) herein as being similarly situated with the petitioners of the judgment in WP(C) 742/2020 titled "Ashiq Hussain Dar and Anr. vs. UT of J&K and Ors.", the other direction was to release the wages.
Jammu & Kashmir High Court - Srinagar Bench Cites 1 - Cited by 0 - N K Singh - Full Document

Ut Of Jk And Others vs Muzaffar Ahmad Bhat And Others on 2 March, 2024

1. In the present writ petition, the case of the appellant-UT is that the impugned order passed by the Central Administrative Tribunal CAT, Srinagar, dated 28.12.2022, has gone and given benefit to the respondents who are Class IV employees and were illegally engaged. The CAT passed the order after having heard learned counsel for the parties directed the appellants herein to treat the respondents as per similarly situated with the petitioners in the judgment passed by this Court in WP (C) No. 742/2020 titled Ashiq Hussain Dar and others Vs. UT of JK and others and to release their withheld salaries w.e.f. 01.01.2016. It also directed that the exercise shall be completed within a period of six weeks from the date of passing of order. The CAT further made it clear that the directions for releasing their duly earned wages would not prevent the respondents to pursue any investigation and take action against the respondents regarding the charge of their fraudulent appointment. A further direction was given by the CAT that there is no provision under the Rules to direct the appellants herein to make payment of future salary. Thereafter, the CAT finally held that if the respondents were working in the department, they have to be paid for the work they have performed and similarly if their work is extracted from them in the future they shall be paid for such work done by them. Lastly it clarified that the respondents herein, if they are working will be paid for the work they have done.
Jammu & Kashmir High Court - Srinagar Bench Cites 3 - Cited by 0 - M K Kazmi - Full Document

Ut Of Jk And Others vs Muzaffar Ahmad Bhat And Others on 2 March, 2024

1. In the present writ petition, the case of the appellant-UT is that the impugned order passed by the Central Administrative Tribunal CAT, Srinagar, dated 28.12.2022, has gone and given benefit to the respondents who are Class IV employees and were illegally engaged. The CAT passed the order after having heard learned counsel for the parties directed the appellants herein to treat the respondents as per similarly situated with the petitioners in the judgment passed by this Court in WP (C) No. 742/2020 titled Ashiq Hussain Dar and others Vs. UT of JK and others and to release their withheld salaries w.e.f. 01.01.2016. It also directed that the exercise shall be completed within a period of six weeks from the date of passing of order. The CAT further made it clear that the directions for releasing their duly earned wages would not prevent the respondents to pursue any investigation and take action against the respondents regarding the charge of their fraudulent appointment. A further direction was given by the CAT that there is no provision under the Rules to direct the appellants herein to make payment of future salary. Thereafter, the CAT finally held that if the respondents were working in the department, they have to be paid for the work they have performed and similarly if their work is extracted from them in the future they shall be paid for such work done by them. Lastly it clarified that the respondents herein, if they are working will be paid for the work they have done.
Jammu & Kashmir High Court - Srinagar Bench Cites 3 - Cited by 0 - M K Kazmi - Full Document

Ut Of Jk And Others vs Muzaffar Ahmad Bhat And Others on 2 March, 2024

1. In the present writ petition, the case of the appellant-UT is that the impugned order passed by the Central Administrative Tribunal CAT, Srinagar, dated 28.12.2022, has gone and given benefit to the respondents who are Class IV employees and were illegally engaged. The CAT passed the order after having heard learned counsel for the parties directed the appellants herein to treat the respondents as per similarly situated with the petitioners in the judgment passed by this Court in WP (C) No. 742/2020 titled Ashiq Hussain Dar and others Vs. UT of JK and others and to release their withheld salaries w.e.f. 01.01.2016. It also directed that the exercise shall be completed within a period of six weeks from the date of passing of order. The CAT further made it clear that the directions for releasing their duly earned wages would not prevent the respondents to pursue any investigation and take action against the respondents regarding the charge of their fraudulent appointment. A further direction was given by the CAT that there is no provision under the Rules to direct the appellants herein to make payment of future salary. Thereafter, the CAT finally held that if the respondents were working in the department, they have to be paid for the work they have performed and similarly if their work is extracted from them in the future they shall be paid for such work done by them. Lastly it clarified that the respondents herein, if they are working will be paid for the work they have done.
Jammu & Kashmir High Court - Srinagar Bench Cites 3 - Cited by 0 - M K Kazmi - Full Document
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