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| HC directs SRTC to pay withheld salary to petitioners | | | Early Times Report
Jammu, July 28- The Jammu and Kashmir High Court today directed the State Road Transport Corporation (SRTC) to pay the salary to the petitioners which has been withheld illegally and file compliance report within one month.
This direction was passed by Justice Nirmal Singh in a petition filed by Kartar Singh and others employees of J&K State Road Transport Corporation.
The petitioners in their petition had challenged the communication dated October 27, 2008 wherein they were directed to convey their acceptance within 10 days regarding acceptance of voluntary retirement/golden hand-shake scheme. But before the expiry of 10 days the petitioners filed the petition on November 4, 2008 which was decided by the Court with directions to the respondents to maintain status quo till November 17, 2008. However, the Additional Advocate General Seema Shekhar appearing for the respondents submitted that services of the petitioners were already dispensed with vide order October 31, 2008 and therefore, the status-quo order dated November 4, 2008 has not been violated.
After hearing Advocate Anil Sethi appearing for the petitioners and Additional Advocate General Seema Shekhar appearing for the state, Justice Singh observed that on the date when the order of status-quo was passed by this Court, the period of 10 days, as mentioned in the communication, had not expired. Therefore, respondents could not have dispensed with service prior to the expiry of the aforementioned period. The petitioners thus would be deemed to be in-service on the date when the order of status-quo was passed. It is further pertinent to mention that the Managing Director SRTC vide order November 20, 2008 has specifically made an observation that the petitioners names shall be deleted from the list in view of order passed by the High Court. Therefore, from the perusal of the said order this is prima-facie clear that petitioners were in-service on November 20, 2008. The respondents thus cannot withhold the salary of the petitioners as they are still continuing. Court directed the respondents to pay salary to the petitioners as the same has been withheld illegally and file compliance report with in one month. JNF
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