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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WASIM SADIQ NARGAL
Surinder Kumar Gupta S/o Late Sh. Krishan Dass Gupta – Appellant
Versus
University of Jammu through Registrar Baba Saheb Ambedkar Road, Jammu – Respondent
ORDER :
1. Through the medium of instant petition, the petitioner seeks the following reliefs:-
“(i) An appropriate writ, order or direction in the nature of writ of certiorari whereby quashing the order of respondent No.1 bearing No. Estab./13/18802 dated 07.01.2013 as the same is patently illegal, arbitrary, not in terms of the judgment/order of this Court as well as University Notification/Guidelines and also on the analogy of Kashmir University.
(ii) An appropriate writ, order or direction in the nature of writ of certiorari whereby quashing the order of respondent No. 1 bearing No. Estab./2000/1300-6 dated 15.5.2000 so far as it relates to allowing the selection grade w.e.f. 13.2.1991 instead of 7.8.1988 also being patently illegal, arbitrary and against the University Notification and recommendation of experts which were approved by the then Registrar and Controller of examination as well as Financial Advisor to Universities.
(iii) An appropriate writ, order or direction in the nature of writ of mandamus whereby directing the respondents to place the petitioner as Asstt. Librarian Selection grade carrying pre revised pay scale of Rs.3700-5700 w.e.f. 7.8.1988 instead of 13.2.1991
The court upheld the University’s decision regarding placement in selection grade, emphasizing adherence to established guidelines and dismissing the petition for non-prosecution.
The court emphasized the principle of parity in treatment for similarly situated individuals, directing the authorities to grant benefits under government resolutions.
The court ruled that a reduction in pay without the Executive Committee's approval is invalid, emphasizing the necessity of following proper authority and procedure in employment matters.
The state must apply laws uniformly without discrimination between employees, as inequitable application violates constitutional equality.
The discretionary nature of the powers of the High Court under Article 226, absence of a fixed period for considering delay, and the principle of equality enshrined in the constitution were central l....
Lecturers who meet eligibility criteria for promotion must be granted placement in Selection Grade, regardless of subsequent pay revision orders.
Employees must receive selection grade benefits based on their actual length of service from the date of initial appointment, in accordance with governmental policy.
The main legal point established in the judgment is that delay and latches, acquiescence, and waiver can bar a petitioner from maintaining a writ petition. Additionally, the interpretation and applic....
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