Jammu and Kashmir Court April 2014 Judgments
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Bhushan Lal Mawa Vs. Jandk Tourism Dev. Corp. and Others
Court: Jammu and Kashmir
Decided on: Apr-30-2014
M.M.Kumar, CJ 1. The instant appeal under Clause 12 of the Letters Patent preferred by the writ petitioner-appellant is directed against judgment and order dated 30.04.2001 rendered by a learned Single Judge of this Court, while rejecting the relief claimed by him. The appellant has claimed that he was entitled to the grant of back wages w.e.f. 31.08.1978 to 02.05.1995 from the date of his termination to that of his reinstatement. Background facts and previous round of litigation 2. The appellant was appointed as Assistant Manager Incharge Internal Auditing vide order No.215-MD of 1977 dated 03.11.1977 issued by the Managing Director. He was posted as Assistant Manager Incharge Reception Desk and Catering at Tourist Reception Centre, Jammu. On 10.08.1978 his services were terminated on the basis of allegations stated in the order itself. It would thus be appropriate to read the order of termination, which is set out below in extenso:- œOffice of the Divisional Manager JandK Touri...
State of Jandk and Others Vs. Swaran Kanta
Court: Jammu and Kashmir
Decided on: Apr-30-2014
M.M. Kumar, CJ 1. This order shall dispose of LPASW No.183/2001 and LPASW No.222/2001 because both the appeals have emerged from the common judgment and order dated 17.04.2001 passed by the learned Writ Court in SWP No.1307/99. It is pertinent to mention that LPASW No.222/2001 along with CMA has been filed by one Sunita Kumari Gupta, who was not a party to the writ proceedings. She has challenged the judgment and order dated 17.04.2001 passed by the learned Writ Court after obtaining leave of the Court. 2. In order to understand the contour of the legal controversy, it would first be necessary to set out few facts. "2.1. In the State of Jammu and Kashmir there is a cadre of officers connected with Libraries, which is governed by the statutory rules known as Jammu and Kashmir Libraries (Non- Gazetted) Services Recruitment Rules, 1989 (for brevity the Recruitment Rules). As per Rule 4, composition and strength of the cadre has been detailed in Schedule I and Rule 5 specifies qualificatio...
Union of India and Others Vs. Jagdev Singh Langhe
Court: Jammu and Kashmir
Decided on: Apr-22-2014
M.M.Kumar, CJ 1. A short question of law raised in the instant appeal preferred by Union of India and its officer is whether an order of retrospective promotion would bring monetary benefits from the date of retrospective promotion or notional benefits as have been given by the appellants to the petitioner-respondent?. The aforesaid question emerges from the facts which are set out below. 2. The petitioner-respondent (Jagdev Singh Langeh) joined armed forces as a Record Clerk on 27.01.1973. He was promoted on the post of Lance Naik in 1979 and became Naik Clerk in the same year. He earned quick promotion in July, 1980 and became Head Clerk. 2.1. The petitioner-respondent then applied for the post of Quarter Master/Record Officer which is an officer rank post. He would have got benefits of conferment of permanent commission after being appointed on the post of Quarter Master/Record Officer. However, his claim was rejected for appointment to the post of Quarter Master/Record Officer desp...
Sudesh Kumar Sharma and Others Vs. State of Jandk and Another
Court: Jammu and Kashmir
Decided on: Apr-09-2014
Muzaffar Hussain Attar 1. This is an application filed by the applicants (appellants in LPAOW No. D-53/2012), seeking recall of order dated 27.08.2012 whereunder the Letters Patent Appeal (LPAOW No. D-53/2012) filed by the applicants-appellants was dismissed on merits in their absence. 2. Learned counsel for the applicants-appellants submitted that the LPA was listed before the Letters Patent Bench on 27.08.2012 and figured at serial No. 10 of the regular cause list. Learned counsel referred to annexure A of the application to buttress his submissions. Learned counsel submitted that because of some unavoidable circumstances, he could not reach the Court in time and by the time, he reached the Court the appeal was dismissed by the Court on merits. Learned counsel invited the attention of the Court to Order XLI Rule 17(1) of the Code of Civil Procedure (for short CPC) and submitted that LPA could have not been dismissed by the Court on merits in absence of the appellants counsel. Learn...
Union of India and Another Vs. Surinder Kumar and Another
Court: Jammu and Kashmir
Decided on: Apr-09-2014
Muzaffar Hussain Attar 1. The respondents in both these Letters Patent Appeals (LPA) have been imposed punishment by the Summary General Court Martial (SGCM), which was called in question by them in two separate writ petitions. The learned writ Court, in view of the fact that common issues were involved and the punishment was outcome of a single incident and common trial by the SGCM, disposed of both the writ petitions by one common order, whereunder, the punishments imposed on the respondents-writ petitioners were set aside and respondent, Surinder Kumar, earned clear acquittal, whereas, Onkar Singh Chib was given benefit of doubt. It is this judgement, which has been called in question in these two LPAs. 2. In LPA (OWP) 115/2001, the Court by its order dated 11-09-2001 ordered for staying of the implementation of the impugned judgement. Similarly in LPA (OWP) 137/2001, on 16-03-2002, the impugned judgement was ordered to be suspended pending disposal of the Appeal. 3. For appreciatin...
Sher Singh Vs. State of Jandk and Others
Court: Jammu and Kashmir
Decided on: Apr-09-2014
Muzaffar Hussain Attar 1. The Jammu and Kashmir Service Selection Board, Jammu issued Advertisement Notice No. SSB-3 of 1995 dated 07.03.1995, whereunder applications on the prescribed form were invited from the permanent residents of JandK State for their selection to undergo Patwar training in the Revenue Training Institute, Jammu/Srinagar. It was also provided in the said notice that the candidates who will successfully complete the said training course will be eligible for appointment as Patwaries/ Office Patwaries/ Consolidation Patwaries. The writ petitioner-appellant responded to the said Advertisement Notice but he was not selected to undergo Patwar training, which constrained him to approach the Writ Court by filing SWP No. 1186/1998. Writ petitioner-appellant in the said writ petition called in question the selection of private respondents and his exclusion there from. The writ petitioner-appellant was permitted to undergo Patwar training in terms of the interim order passed ...
Syed Nazir Ahmed Vs. Vijay Kumar Bhat and Others
Court: Jammu and Kashmir
Decided on: Apr-09-2014
1. The instant appeal under Clause 12 of the Letters Patent is directed against an interim order dated 05.02.2014 passed in CMA no. 349/2014 (SWP no. 256/2014), staying the operation of the transfer order dated 03.02.2014 to the extent it pertained to the writ petitioner- respondent. The application filed by the appellant has been allowed by the Writ Court to become party respondent, as is conceded by the learned counsel and the objections have also been filed in CMA no. 349/2014, which are pending consideration of the learned Writ Court. 2. We do not appreciate the endeavour of the appellant to rush to the Letters Patent Bench by filing the instant appeal because the remedy before the Writ Court is still available and whatever is sought to be urged in the appeal in fact has already been urged in the objections to the writ petition and application which are pending. 3. Keeping in view the aforesaid factual position we refrain from expressing any view on the merit of the controversy and...
Jandk Bopee and Others Vs. Sunandani Sharma and Others
Court: Jammu and Kashmir
Decided on: Apr-04-2014
Muzaffar Hussain Attar 1. The Board of Professional Entrance Examination (BOPEE) constituted under the JandK Board of Professional Entrance Examination Act, 2002, due to its casual and insensitive approach, has yet again subjected the meritorious candidate to incalculable sufferings. Sunandani Sharma, despite having obtained 155 marks, more than from Eshmeet Sudan and Tanzeela Aijaz (viz. 154 and 135 marks respectively) was deprived of free seat in BDS course in the Government Dental College Jammu. The selection process for undergoing BDS course and other professional courses was made by the BOPEE in the year 2012. 2. Despite securing higher merit than other two candidates, Sunandani Sharma was allotted the discipline of Bachelor of Ayurveda Medicines and Surgery (BAMS) in the payment category in the Jammu Institute of Ayurveda and Research, Nardani Raipur, Jammu. Eshmeet Sudan was allotted payment seat in BDS course in the institute of Dental Sciences and Charitable Trust Sehora, Jamm...
Reliance Gen. Insurance Co. Ltd. Vs. Mohd. Sharief Naik
Court: Jammu and Kashmir
Decided on: Apr-03-2014
Muzaffar Hussain Attar: 1. An unfortunate accident of a mini-bus near Charsoo on 13.10.2008 resulted in terrestrial exit of seven on board persons and injuries to twenty one others passengers. The vehicle was insured with the appellant insurance company. The contract of insurance commenced from 02.11.2007 and was to last up to 1st of November, 2008. At the time of accident, the vehicle was covered by the insurance policy issued by the appellant company. The appellant insurance company, after receipt of the intimation of the accident, deputed an independent IRDA approved surveyor for making evaluation of the loss suffered by the owner of the vehicle/insured. Surveyor assessed the net loss to the tune of Rs. 6,30,000/-, in full and final settlement with the condition that the insured/owner of the vehicle would retain the damaged vehicle. 2. The insured/owners claim for indemnification of the loss suffered by him, however, was repudiated by the appellant insurance company on the premise t...
Balraj Bakshi Vs. Union of India and Others
Court: Jammu and Kashmir
Decided on: Apr-03-2014
M.M. Kumar, CJ 1. The instant petition purported to be filed in public interest seeks jurisdiction of this Court to issue directions to Union of India, Ministry of Water Resources and Irrigation-respondent No.1 to compensate the people of Jammu and Kashmir on account of loss caused to them on account of executing Indus Water Treaty. A further prayer for issuance of direction to the State of Jammu and Kashmir has also been made to take up the matter with State of Punjab-respondent No.3 with respect to Ravi water as per Water Sharing Agreement of 1995 and 1979 entered between the State of Jammu and Kashmir-respondent NO.2 and State of Punjab-respondent No.3. It has also been prayed that directions be issued to Union of India and the State of Jammu and Kashmir to take steps for forcing the State of Punjab to build up the barrage at Shahpur Kandi in Gurdaspur (Punjab) as per the Water Sharing Agreement of 1955 and 1979 and enforce the provisions of treaty entered between the State of Jammu...
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