Jammu and Kashmir Court February 2014 Judgments
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Rattan Singh Vs. Indian Overseas Bank and Others
Court: Jammu and Kashmir
Decided on: Feb-21-2014
M.M. Kumar, CJ 1. Rattan Singh, an employee of Indian Overseas Bank respondent has preferred the instant appeal under Clause 12 of the Letters Patent challenging the view taken by the Writ Court rejecting his claim made in SWP No.1608/2001 vide judgment and order dated 01.11.2006. The question considered by the learned Writ Court is whether the appellant has successfully withdrew his offer of opting for Voluntary Retirement Scheme. 2. Facts which have remained undisputed are as under:- 2.1 The writ petitioner-appellant was working as Special Assistant in the respondent Bank and was posted at Srinagar. The respondent Bank issued a circular Memo No.7(f) 86 of 2000-2001 dated 02.12.2000 which is titled as IOB Officers/Employees Voluntary Retirement Scheme-2000 (for brevity VRS). The scheme was to remain in operation for a period of five weeks commencing from 15.12.2000 to 19.01.2001. The writ petitioner-appellant applied for voluntary retirement under the VRS on 11.01.2001 through proper ...
Rajeshwari Katoch Vs. Union of India and Others
Court: Jammu and Kashmir
Decided on: Feb-21-2014
M.M. Kumar, CJ: 1. The petitioner is an Advocate of this Court and has apparent interest to ensure that public authorities act in accordance with the Constitution and law. Her endeavor to achieve general welfare of the people through implementation of various provisions of Statutes has been brought to forefront by filing numerous Public Interest Litigations. 2. The present Public Interest Litigation is inspired by the activities of the cable operators for digitalization of Cable Television Services. According to the allegations made in various paras of the petition, the cable operators are misusing the newly added Section 4A of the Cable Networks (Regulation) Act, 1995 ( for brevity the Act) by forcing their subscribers to switch over to Cable Digitalization by purchasing a Set-top box which is priced at Rs.1200/-. The amount of Rs. 500/- is to be deposited in advance by March 15, 2013. The balance amount is to be paid at the time of installation of Set-top box. In that regard, relianc...
O.P. Abrol Vs. State and Others
Court: Jammu and Kashmir
Decided on: Feb-18-2014
Oral Order: In view of the annexures annexed with the writ petition there is no requirement to seek response from the respondents No. 1 and 2. Respondent No.3 has already filed the reply affidavit. Petitioner retired on superannuation in the year 2000 as Head Computer. His gratuity amount has been withheld by respondent No.3 on the ground that his pay could not be stepped up and put at par with Sh.R.C.Gupta and there has been allegedly wrong fixation of pay in terms of Government Order No.PW-162/89 dated 14.03.1989. The employer of the petitioner after considering his claim for stepping up of pay and finding the same justified, issued Government Order No.166-PW (RandB) of 2004 dated 15.03.2004 whereunder sanction has been accorded to the stepping up of pay of the petitioner from Rs.2650 to Rs.2725 in the pay scale of 2125-3600 pre-revised w.e.f 16.02.1993 and has been granted next date of increment on 1st of February, 1994. The order has been issued with the concurrence of Finance Depa...
Mohammad Rafiq Vs. State of Jandk and Others
Court: Jammu and Kashmir
Decided on: Feb-18-2014
Oral Order: Petitioner was working as a Driver in the respondents Corporation. He retired on superannuation on 30th April, 2002. During his service, when he was carrying consignment of sugar in the vehicle he was driving, he met with an accident. The consignment of sugar valuing Rs. 39,827.85 was damaged in the said accident. The Consumer Affairs and Public Distribution Department JandK State raised claim for the aforesaid damage from the State Road Transport Corporation. An amount of Rs. 69,160/- cash in lieu of leave salary and an amount of rupees seven thousand G. P. Fund of the petitioner has been withheld and not paid to him. It is in these circumstances, this petition has been filed seeking direction to the State Road Transport Corporation to release withheld amount in favour of the petitioner. Learned counsel for the respondents Corporation has not been able to justify the action of the respondent-Corporation in withholding the aforesaid amount. Referring to regulation 144 (ii) ...
Raj Rani Vs. State and Others
Court: Jammu and Kashmir
Decided on: Feb-18-2014
Oral Order: Despite opportunities, respondents 1 to 3 have not filed the Reply Affidavit. The petitioner is widow of Shri Ram Dhan, in whose favour judgement dated 15-11-2008 has been passed by this court in SWP 2480/2002, operative part whereof may be taken note of : I have perused the aforesaid judgement dated 30-01-1997 passed by this Court and find that petitioners case is squarely covered by that judgement. I, therefore, direct the respondents to regularize the services of petitioner in terms of Government order No. 458 of 1981 dated 01-09-1981 and release the consequential benefits in his favour. Let this exercise be completed within a period of three months from the date copy of this order is received by the respondents. The prayer of the deceased Shri Ram Dhan in SWP 2480/2002 was for grant of benefit of regularization in terms of Government order No. 458 of 1981 dated 01-09-1981 and for release of consequential benefits. The respondents Authorities have failed to comply with t...
State of Jandk and Others Vs. S.M. Sharma
Court: Jammu and Kashmir
Decided on: Feb-06-2014
M.M. Kumar, CJ: 1. The dispute relates to grant of benefit of revised pay scale emerging from Government order No.1285-GD of 1983 dated 20.08.1983 which seeks to provide for uniform pay scale for all the feeder cadres eligible for induction to KAS. It is not disputed that the writ petitioner-respondent was a member of JandK Employment Service having been recruited as District Employment Officer in 1968. As per the record at the relevant time he was placed in the pay scale of Rs.225-500 which was later on revised to Rs.75-1400 in 1982. The writ petitioner respondent came to be inducted in KAS in the year 1997 and superannuated in August, 2002 as Deputy Director Employment Exchange Department, Jammu. The learned Single Judge has granted the benefit of the Government order dated 20.08.1983 primarily on the ground that similarly situated persons, who filed various writ petitions were granted benefits. In that regard reliance has been placed on the observations made in SWP No.1218/1993 and ...
Sushil Kumar Vs. State of Jandk and Others
Court: Jammu and Kashmir
Decided on: Feb-03-2014
M.M. Kumar, CJ: 1. This appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 08.07.2010 rendered by the learned Single Judge of this Court rejecting the claim made by the appellant that the respondents did not fulfill the requisite qualification for appointment as Senior Horticulture Technician. It is pertinent to mention that an advertisement notice was issued on 21.11.2005 inviting applications, inter alia, for the post of Senior Horticulture Technician. The appellant applied under Scheduled Caste Category. In the selection process he was not short listed for interview because he had secured 32.1 points whereas the last short listed candidate in Scheduled Caste Category secured 46.26 points which is a huge gap. The learned Writ Court has held that the appellant did not challenge the short listing criteria and process of selection but has challenged the selection of private respondents which is wholly impermissible. It has further been held that on...
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