JUDGMENT :

Rashid Ali Dar, J.—Petitioners, in terms of petition earlier filed on 23.07.2013, projected their grievance with regard to withholding of their salary from the month of April, 2011 along with arrears and sought a writ or direction upon the respondents to release the same and not to cause any interference in the service of the petitioners. It is being canvassed in terms of the writ petition that the petitioners were borne on the regular establishment of PHE Department and were ordered to be regularized w.e.f. 01.04.1995 in terms of order Nos.4653-55, 2908-10 and 2916-18 dated 30.10.1996. The administrative exigency, according to them, led to their transfer from one place to another and so it is being stated that:

(a) The respondents ordered transfer of the staff posted at various villages under the immediate administrative control of respondent No.4 and 5. The staff so transferred was ordered to report for duties temporarily on deputation to respondent No.5 who shall draw their salary from the establishment of respondent No.4 after production of attendance certificates from the office of respondent No.5. The said arrangement was ordered to subsist till orders for transfer of the staff along with their posts and funds are issued by respondent No.2 to 5. In this behalf, the respondent No.3 issued an order bearing No.02 of 2008-09 dated 17.06.2008 followed by an order of respondent No.4 vide letter No.4214 dated 09.09.2008 and an order of respondent No.3 vide No.SE/Estt/5302-04 dated 13.10.2010.

(b) In terms of order dated 17.06.2008 read with communication dated 09.09.2008, the petitioner No.1 was also ordered to be transferred and to report for duty in the office of respondent No.5 and the petitioner No.1 has since joined the office of respondent No.5 immediately after he was relieved by respondent No.4 on 09.09.2008 and he continues to discharge the duties and responsibilities as were assigned to him from time to time by respondent No.5.

(c) The petitioner No.2 and 3 also were transferred from the administrative control of respondent No.4 and were placed under the control of respondent No.5 and both the petitioners continued to function and discharge their duties as were assigned to them from time to time by the office of respondent No.5. The respondents also released their salary continuously and uninterruptedly till the month of March, 2011.

(d) The respondents, without any rhyme, reason or justification, failed to release the salary of the petitioners since the month of April, 2011. The respondents have not issued any order or conveyed any such order to the petitioners informing them of the reasons for stoppage of their salary since the month of April, 2011. The salary of the petitioners has been stopped despite the petitioners have been attending their duties and issuance of relevant certificates by the respondent No.5 testifying their attendance from time to time.

(e) Under law, it is not open to the respondents to with-held salary of the petitioners by unilateral exercise of authority, that too without issuing any order of conveying reasons thereof to the petitioners. Right to salary constitutes right to property under Article 19(1) of the Constitution of India as applicable to the State of Jammu and Kashmir. As a result of with-holding the salary of the petitioners, the respondents have transgressed upon the right to livelihood of the petitioners and violated the fundamental rights guaranteed under Article 14 and 21 of the Constitution of India.

(f) Reference is being made to Annexures P-1 to P-7, to canvass that the petitioners continued on their assignments referred in the petition.

2. In the objections filed on behalf of the respondents earlier on 16.04.2014, the stand taken by respondents is

(i) A complaint against one Mr. Ab. Rashid Rather, Incharge E/C (Establishment Clerk) FBI Division, Tangmarg, was received by Chief Engineer, PHE, Kashmir, for illegal selection/engagement of following employees, namely:

(i) Mu