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HIGH COURT OF JAMMU AND KASHMIR
ROOP CHAND – Appellant
Versus
UT OF J AND K TH. COMMISSIONER SECRETARY TO GOVERNMENT REVENUE DEPARTMENT JAMMU AND OTHERS – Respondent
ORDER :
01. The instant petition is by way of second round of litigation. The petitioner has already filed a writ petition, which was registered as WP(C) 1872/2023 whereby he has challenged order dated 15.07.2023 passed by respondent no. 4, vide which he was directed to handover the charge of the office of Chowkidar to respondent no. 5. The specific case of the petitioner in the aforesaid petition was that since he was working for more than 29 years as Chowkidar in Village Tagood and Mulchitter in terms of Chowkidari Act on the strength of order dated 01.09.1994, on the post which has fallen vacant due to death of respondent no. 3 and in pursuance to the recommendation of respondent no. 4, therefore he continued to perform his duties, as such, uninterruptedly and without any hindrance for more than 29 years.
02. It was the specific case of the petitioner in the aforesaid petition that the order dated 15.07.2023 has been issued by respondent no. 3 with a view to accommodate the private respondent and this Court, after feeling prima facie satisfied with the plea of the petitioner, stayed the impugned order dated 15.07.2023, which continued to be in operation till 07.08.2024 and when th
The court upheld the interim protection for the petitioner, emphasizing the need to maintain status quo pending resolution of the dismissal order challenge.
A dismissal order attains finality when not challenged during the employee's lifetime, and delay in filing a writ petition lacks sufficient justification.
Knowledge of dismissal order and service of the order are crucial in employment law cases.
The main legal point established in the judgment is that the termination of services of Chaukidars appointed on the basis of inheritance after 19.04.2010 was justified based on the orders passed by t....
A dismissal order may be upheld if the employee fails to assert timely challenges and does not provide credible explanations for absence or delay, aligning with principles of administrative law.
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