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| Pending of matter in Court, shall not form a ground for state to withhold salary : HC | | |
Jammu, August-16-2019-(JNF):- State High Court holds that Merely because the Court is seized of the matter for ensuring dispensation of justice to the justice seeker, shall not form a ground for the respondents to withhold the salary of the petitioner. Court expects the respondents to release legitimately earned salary in favour of the petitioner to which he is entitled to under rules.
Justice Ali Mohammad Magrey while hearing a petition filed by Mohammad Ahsan Mir challenging order bearing No. 187/Adm of 2018 dated 21.12.2018 passed by Respondent No. 2 in terms whereof, petitioner stands promoted as Senior Assistant in the pay level-5 (29200¬92300) from 22.06.2018, on the recommendations of Divisional Level Departmental Promotion Committee (Kashmir Division). While according sanction for such promotion, the petitioner has been asked to report to Excise Department for further duties. The petitioner has challenged the order impugned to the extent of asking him to report to Excise Department for further duties on the grounds detailed out in the writ petition with particular reference that the petitioner belongs to State Taxes Department and has been in terms of order impugned, send to Excise Department, which is without authority and jurisdiction of Commissioner State Taxes. The petitioner does not join any issue with reference to availing his services outside his cadre/service but as stated, that requires orders from the Government and not by the Commissioner, State Taxes.
Justice Ali Mohammad Magrey after hearing both the sides observed that since the issue in terms of reply stands settled which has reference of not infringing the rights of the petitioner for service benefits, therefore, he shall feel satisfied. The Respondents are expected to give him promotion to which he is entitled, in tune with mandate of law and the rules governing the subject, notwithstanding the fact that the petitioner has approached this Court.
During the course of hearing counsel for the petitioner submits that the petitioner is not being paid his salary from December, 2018, probably on the strength of having approached this Court as the notice was issued in the matter on 31.12.2018. Upon this High Court observed that merely because the Court is seized of the matter for ensuring dispensation of justice to the justice seeker, shall not form a ground for the respondents to withhold the salary of the petitioner. Court expects the respondents to release legitimately earned salary in favour of the petitioner to which he is entitled to under rules.
High Court when asked Advocate General submits that Controlling Officer i.e. Respondent No. 4-State Tax Officer Circle (D), Srinagar, had not relieved the petitioner to enable him to join the promotional post, therefore, the petitioner is performing his duties in his office. The order of promotion shall be given effect from the date of its issuance. The competent authority shall release salary attached to the post in favour of the petitioner. The petitioner shall be relieved and on reliving, the petitioner shall join the post instantly, which he has been asked to join. With these observations High Court disposed of the petition |
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