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2020 Supreme(J&K) 183

ALI MOHAMMAD MAGREY
Ashiq Hussain Dar – Appellant
Versus
Union Territory Of JK – Respondent


Advocates Appeared:
Mr Altaf Haqani, Advocate, for the Appellant; Mr Shah Aamir, AAG with Ms Sharaf Wani, Assisting Counsel, for the Respondent

JUDGMENT

1. The precise case set up by the petitioners is that they are working as Class-IV employees in the respondent Department on substantive basis from the last 15 years. It is stated that a controversy regarding the correct allotment of General Provident Fund (GPF) Computer Code numbers of Class-IV employees working in the offices of the Block Medical Officers, under the control of respondent No.5, was raised by the respondent No.4 vide communication dated 22 nd of January, 2018. The said communication, as stated, advised that the GP fund contribution of the employees in question, till further instructions, may be stopped. This communication was followed by another letter dated 30 th of January, 2018 directing the respondent No.5 for stoppage of salary of the Class-IV employees mentioned in letter dated 29 th of January, 2018. The petitioners plead that since the necessary enquiry regarding correct allotment of the GP Fund Computer Code numbers is pending before the respondents and has not been concluded, therefore, the respondents could not have proceeded to withhold the salary of the petitioners since the month of December, 2017, that too, without issuing any formal order to

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