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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR
Zainul Abideen Rather – Appellant
Versus
State Of J&K – Respondent
JUDGMENT :
1) The petitioner through the medium of present writ petition has sought the following reliefs:
i) CERTIORARI, quashing the order bearing No. JKSS/1082/Adm 2003-9 dated 19-06-2014 by virtue of which periodical increments in favour of the petitioner was withheld.
ii) CERTIORARI, quashing the order bearing No. JKSS/1117/Adm/2764-72 dated 25-10-2014 by virtue of which the pay and grade of the petitioner was reduced.
iii) QUO WARRENTO, declaring the appointment of respondent No.4 as Principal J&K Sainik School Manasbal void ab-initio.
iv) MANDAMUS, commanding the respondents to pay to the petitioner the pay attached to the post of Head-Master.
v) MANDAMUS, commanding the respondents not to make any recovery in view of and order bearing No. JKSS/1117/Adm/ 2764-72 dated 25-10-2014 by virtue of which the pay and grade of the petitioner was reduced.
2) It is pertinent to mention here that during the course of arguments, learned counsel for the petitioner has submitted that the petitioner is abandoning reliefs prayed at serial No.(i) and (iii) quoted above. The writ petition is, therefore, confined to the legality and validity of order dated 25.10.2014 (supra).
3) The facts emanating fro
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 cancellation of a senior scale and selection grade after significant delay and without prior communication of adverse remarks violates principles of natural justice.
The main legal point established in the judgment is that entitlement to selection grade and special grade is subject to completion of requisite years of service, and recovery orders issued within one....
The judgment established the principle that recovery of excess payment can be ordered unless extreme hardship is caused to the employee. It also highlighted the importance of public money and the rel....
Point of Law : Term “are exempted” used in the notification itself suggest that the benefits thereof would be applicable to the incumbents with requisite M.Phil degree serving as Lecturers though wit....
The main legal principle established in the judgment is the application and interpretation of Government Order No.25 P & AR Department dated 23.03.2015 to rectify pay anomalies between seniors and ju....
Stale and belated claims cannot be entertained, and benefits as directed by a Full Bench order shall be extended only to parties before the Court, with no fresh writ petitions entertained after a spe....
The court ruled that recovery of higher pay from employees without prior notice and due process violates principles of natural justice, emphasizing the necessity of protecting vested rights.
Failure of the respondents to communicate the objections as regards excess payment within a reasonable time after the grant of benefits would be iniquitous.
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