Jammu & Kashmir High Court – Srinagar Bench
Javaid Ahmad Khan vs Union Territory Of J&K & Ors on 2 April, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
07
Regular
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 718/2025
CM No. 1763/2025
Javaid Ahmad Khan
..... Petitioner (s)
Through: Mr. Bhat Fayaz, Adv.
with Mr. Suhail Mehraj, Adv.
V/s
Union Territory of J&K & Ors
..... Respondent(s)
Through: Mr. A R Malik, Sr. AAG
with Mr. M Younis, AC
Mr. Bikramdeep Singh, Dy. AG
Mr. Illyas Laway, GA
Coram:
Hon'ble Mr. Justice Rajnesh Oswal, Judge.
Hon'ble Mr. Justice Mohd Yousuf Wani, Judge
ORDER
02.04.2025
1. This writ petition has been filed by the petitioner impugning the
order dated 09.12.2024 whereby the application filed by the
petitioner was disposed by the learned Central Administrative
Tribunal, Srinagar Bench (in short, the Tribunal) by directing the
respondents to take note of the medical report dated 08.10.2024
constituted as per the direction of the Tribunal and accordingly
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CM No. 1763/2025
consider the case of the petitioner for placing/transferring him at
a suitable place.
2. Learned counsel for the petitioner has submitted that the
petitioner shall restrict his claim only to the extent of release of
salary w.e.f 18th May 2023 till 9th December 2024.
3. Issue notice to the respondents.
4. Mr. A R Malik, learned Sr. AAG, Mr. Bikramdeep Singh,
learned Dy. AG and Mr. Illyas Laway, learned GA accepts
notice on behalf of the respondents. They submit that the reply is
not required in the instant case and in view of the short
submission made by learned counsel for the petitioner,
appropriate order as deemed proper be passed.
5. Heard learned counsel for the parties.
6. The petitioner had impugned order dated 18.05.2023 whereby he
was posted in Kralpora Redi, Chowkibal, District Kupwara
along with the Government Order dated 30.04.2023 so far as it
pertained to the petitioner only, before the learned Tribunal and
the learned Tribunal vide interim order dated 19.05.2023 passed
in OA No. 400/2023, stayed the impugned order of deputation
of the petitioner and directed him to work in the office of
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CM No. 1763/2025
respondent No. 3 i.e, Executive Engineer, SMC, City Road
Division, Srinagar.
7. Response was filed by the respondents opposing the application
filed by the petitioner.
8. During the pendency of the petition, the learned Tribunal
constituted a Medical Board for examination of the petitioner
and the Board submitted its report dated 08.10.2024. The
learned Tribunal by taking into consideration the submissions
made by the parties, disposed of the application filed by the
petitioner in terms of order dated 09.12.2024 as extracted
hereinabove. However, the learned Tribunal has not passed any
order for the release of the salary, though vide interim order
dated 27.09.2023, the learned Tribunal had directed the
respondents to release the salary of the petitioner if he had
worked for the said period.
9. In view of the short controversy involved in respect of the salary
for the period mentioned above and more particularly taking into
consideration that the learned Tribunal had allowed the
petitioner to work in the office of the respondent No. 3, we
dispose of this petition by upholding the order passed by the
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CM No. 1763/2025
learned Tribunal and further direct the respondents to coordinate
with each other so as to ensure that the salary for the period
mentioned above is released in favour of the petitioner. Needless
to say that the learned Tribunal had already directed the
respondents to release the salary and the said direction was never
opposed by the respondents by laying any appropriate motion.
10. Disposed of as above.
(Mohd Yousuf Wani) (Rajnesh Oswal)
Judge Judge
SRINAGAR
02.04.2025
Aasif
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