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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR, J
Abdul Rashid Lone – Appellant
Versus
State of J &K – Respondent
JUDGMENT :
1. The petitioner through the medium of present writ petition has challenged the Order No. PDC88 of 2019 dated 13.03.2019 whereby the claim of the petitioner for grant of salary w.e.f 24.04.2011 to the date of his reinstatement i.e 02.01.2014 has been declined. The petitioner has also sought a direction upon the respondents that he be treated as reinstated into service w.e.f 24.04.2011 and that arrears of salary during the aforesaid period i.e from 24.04.2011 to 02.01.2014 be released in his favour.
2. Heard and considered.
3. It appears that the petitioner was dismissed from service in terms of Government Order No. 365-GAD of 2007 dated 02.04.2007 as his conduct and activities were found to be detrimental and prejudicial to the security of the State. The said order was passed by the competent authority in terms of proviso(c) to Section 126(2) of the Constitution of Jammu and Kashmir after dispending with the requirement of holding regular enquiry against the petitioner.
4. The aforesaid order was challenged by the petitioner by way of writ petition bearing SWP No. 500/2007 titled ‘Abdul Rashid Lone vs State & Ors.’ The writ petition came to be decided by this Court in terms
Reinstatement does not entitle an employee to salary arrears for the period of dismissal unless explicitly stated in the judgment.
Reinstated employees are entitled to count the dismissal period towards continuous service and receive corresponding benefits unless expressly limited by the reinstatement order.
Reinstatement after acquittal does not automatically entitle a dismissed employee to back wages for the dismissal period, particularly if the dismissal was grounded on conviction.
Judicial discipline requires courts to uphold precedents set by coordinate benches unless overruled, ensuring consistent treatment of similar cases.
An acquitted employee in a criminal case is entitled to back wages for the period of enforced absence from service when the dismissal was set aside due to unfair trial in departmental proceedings.
The court established that reinstated employees are entitled to back wages unless it is demonstrated that they were gainfully employed during the period of absence due to dismissal.
An interim order does not create an entitlement to salary if the final order upholds the termination of employment.
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