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IN THE HIGH COURT OF JAMMU & KASHMIR AND
LADAKH AT SRINAGAR
SANJAY DHAR, J.
Showkat Ali Wani & OTHERS - Appellant
Vs.
UT OF J&K & OTHERS …RESPONDENT(S)
WP(C) No.683 of 2023
Decided on : 02-08-2024
(A) Jammu and Kashmir Cooperative Societies Act - Service adjustment and salary arrears - Petitioners, ex-employees of the Jammu and Kashmir Cooperative Consumer Federation Limited, challenged rejection of their claim for salary arrears from 1999 to 2007 after being absorbed in the Cooperative Department - Court found that petitioners were entitled to similar treatment as other employees who had been granted arrears - The impugned orders were quashed, and respondents were directed to release the arrears within two months. (Paras 1, 30)
(B) Equal Treatment - The principle of equal treatment in public service mandates that similarly situated individuals should receive the same benefits, and the failure to do so constitutes discrimination. (Paras 27, 29)
Facts of the case:
The petitioners were ex-employees of the CONFED, which was wound up in 1999. They opted for absorption in the Cooperative Department instead of a Golden Handshake Scheme. They claimed salary arrears for the period before their absorption.
Findings of Court:
The court ruled that the petitioners were entitled to salary arrears for the period from 1999 to 2007, as they were similarly situated to other employees who received such benefits.
Issues: The main issues were whether the petitioners were entitled to salary arrears and whether they were treated equally compared to other similarly situated employees.
Ratio Decidendi: The court emphasized that the respondents could not deny the petitioners the same benefits granted to others in similar circumstances, as it would violate the principle of equal treatment.
Result: Writ petition allowed; impugned orders quashed; respondents directed to release arrears.
JUDGMENT :
1) The petitioners have challenged order No.RCS/LS/13 dated 27.02.2019, whereby their claim as projected vide their writ petition bearing SWP No.1707/2018, has been rejected. Challenge has also been thrown to order No.122-Adm of 2019 dated 18.07.2019 to the extent the intervening period of service of the petitioners with effect from 07.04.2004 to 25.10.2007 has been decided as on duty on notional basis.
2) The facts emanating from the pleadings of the parties are that the petitioners were ex-employees of the Jammu and Kashmir Cooperative Consumer Federation Limited (CONFED) which was wound up in the year 1999 in terms of Cabinet decision dated 15.07.1999. The said decision provided for winding up of the CONFED and it was also stipulated that the employees would be suitably adjusted. The department was directed to submit a detailed proposal at the earliest. Another Cabinet decision was taken on 24.04.2002 and it was decided that a Golden Handshake Scheme for Cooperative institutions should be financed from sale of their assets and government funding would not be available for this purpose. Accordingly, the Divisional Commissioners of Jam69mu and Kashmir were asked to evaluate the assets of the Apex Cooperative institutions and submit a report to the Government.
3) It is case of the petitioners that ten erstwhile employees of CONFED including the petitioners herein did not opt for of Golden Handshake Scheme and they insisted for their suitable adjustment in terms of Cabinet decision dated 15.07.1999.
4) It seems that about 134 employees of CONFED filed a writ petition titled Mohammad Yousuf Magray & Ors.vs. State & Ors (SWP No.1839/1999) before this Court and the same came to be disposed of in terms of judgment dated 30.09.2005, with the following directions:
“1) The Government shall implement the Cabinet Decision No. 109/12 dated 15.07.1999 and for that purpose should constitute a committee of officers within a period of one month from the date copy of the order is served on the respondents.
2) The committee so constituted shall look into the suitability of the petitioners for their permanent adjustment in the Govt. Department. The committee shall find out as to whether the petitioners were suitable for their adjustment in the Govt. department i.e. whether they fulfill the other conditions such as qualification, health conditions, permanent residence etc. for Govt. employment. Those who are found suitable, should be offered posts commensurate with their qualification and the pay scale which they were holding in the CONFED. Those not found suitable for government job due to lack of qualification or any other reasonable cause shall be offered the Golden Handshake and for that purpose scheme be formulated within a period of three months from the date of the order is served on the Respondents.
3) Those employees of the CONFED who have at any stage accepted the offer or asked for the Golden Handshake Scheme shall be given the benefit of the same and modalities thereof shall be formulated within three months from the date this order is served on the respondents. With these observations the writ petition is disposed of."
5) The aforesaid judgment came to be challenged by the Government of Jammu and Kashmir by way of LPA No.294/2005 and the same was disposed of on 08.05.2006, in terms of the following directions:
“We, accordingly, dispose of this appeal by providing that the report submitted by the Committee constituted by appellants in compliance to the impugned Writ Court judgment shall be placed before the Cabinet within two months from the date..."
6) Ten employees of the erstwhile CONFED including the petitioners were adjusted in the Cooperative Department in terms of order No.26-COOP of 2007 dated 26.10.2007 as these ten employees did not opt for Golden Handshake Scheme. The petitioners were adjusted against the posts of Junior Supervisors/Sub-Auditors in the Cooperative Department. Out of the ten employees adjusted in the Coope
The principle of equal treatment mandates that similarly situated employees must receive the same benefits, including salary arrears, to avoid discrimination.
The right to receive wages for work performed is a fundamental right linked to the right to livelihood. A parent organization remains the principal employer for staff on deputation and cannot evade l....
The law permits the withholding of employee benefits due to a company's financial incapacity, overriding previous settlement agreements.
Employees retained on deputation are entitled to salary arrears through the age of 60, per government retirement policies, even if premature retirement occurred.
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