Jammu & Kashmir High Court – Srinagar Bench
Mohammad Shafi Yatoo And Ors vs Mr. Mohammad Rafi Vice Chairman … on 14 July, 2025
Author: Sanjay Dhar
Bench: Sanjay Dhar
51
Regular
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCP(S) No. 475/2021
In WP(C) No. 1058/2021
Mohammad Shafi Yatoo and Ors. ..... Petitioner (s)
Through: Mr. Mian Tufail, Adv.
V/s
Mr. Mohammad Rafi Vice Chairman Srinagar Dev. Autority
..... Respondent(s)
Through: Mr. Numan Idress Malik, GA
WP(C) No. 1058/2021
WP(C) No. 894/2021
Mohammad Shafi Yatoo and Ors.
Shahid Gull
..... Petitioner (s)
Through: Mr. Mian Tufail, Adv.
V/s
UT of J&K and Ors.
Housing and Urban Development Department
..... Respondent(s)
Through: Mr. Numan Idress Malik, GA
Coram:
Hon'ble Mr. Justice Sanjay Dhar, Judge
ORDER
14.07.2025
1. Through the medium of present order, the aforetitled two writ
petitions seeking release of wages in favour of the petitioners for the
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CCP(S) No. 475/2021
WP (C)No. 1058/2021
WP (C)No. 894/2021
period they have actually worked with the respondents are
proposed to be disposed of.
2. It is pertinent to mention here that initially the writ petitions were
filed by the petitioners seeking a direction for continuance of their
services but the learned counsel for the petitioners has made a
statement that since the petitioners stand already disengaged as such,
they are restricting their claim only to the extent of payment of
wages for the period they have actually worked with the
respondents.
3. According to the petitioners, they were engaged as Subject
Specialist/Consultants and Professional Experts for preparation of
Master Plan/Zonal Plan of Anantnag City and Srinagar City after
undergoing proper selection process. It is further case of the
petitioners that they were formally engaged w.e.f March 2018 and
they were paid their salaries up to August 2018. But beyond that,
their salaries have not been paid by the respondents, though
petitioners continue to perform their duties with the respondents.
On this ground, the petitioners have sought release of their
outstanding salaries
4. The stand of the respondents is that the petitioners were hired as
Professionals on temporary basis for preparation of Zonal Plan on
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CCP(S) No. 475/2021
WP (C)No. 1058/2021
WP (C)No. 894/2021
consolidated monthly remuneration w.e.f March 2018 up to
February 2019 for a time period of 12 months or till the completion
of Zonal Plan whichever is earlier. It has been submitted that after
expiration of the contract period, services of the petitioners have
been disengaged vide Circulars dated 02.08.2019 and 18.06.2019
whereby they have been informed about expiration of their
contracts. It has been submitted that the petitioners have been paid
legitimate wages/remuneration from March 2018 up to February
2019 and July 2018 to June 2019. It has been further submitted that
due to abrogation of Article 370 of the Constitution on 5th August
2019, the offices remained closed whereafter Covid-19 Pandemic
intervened, therefore the claim of the petitioners that they have
worked with the respondents even after expiry of their contracts is
not tenable.
5. I have heard learned counsel for the parties and perused the record
of the case.
6. During the pendency of the writ petitions, an interim order came to
be passed by this Court on 04.02.2023. The same is reproduced as
under:
“Mr. Mian Tufail, learned counsel for the petitioners restricts his
claim for payment of petitioners wages for the period they
have worked as admitted by the respondents in its
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CCP(S) No. 475/2021
WP (C)No. 1058/2021
WP (C)No. 894/2021communication dated 27.08.2021 addressed to the Principal
Secretary to Government, Housing and Urban Development
Department, J&K Civil Secretariat, Srinagar. Para 4 of the
communication reads as under:-
“The contractual of Srinagar and Anantnag were
disengaged vide Circular No. Circular/CTPK/19/1774
dated 02.08.2019 & Circular/CTPK/19/1351 dated
18.06.2019. However, the office enquiry and records
indicate that the circulars were not served on the
concerned professionals whose services were
discontinued. They continued to work beyond the
period of 12 months being involve ed in office work
which inter alia includes the works transcending the
Master Plan Srinagar/Anantnag (Copy enclosed)”.
It is clear from the communication that the petitioners had
worked and were involved in the office work including the
works transcending the Master Plan Srinagar/Anantnag.
Petitioners are, thus, required to be paid for the period they
have worked as admitted in the aforesaid communication by
the respondents.
It is directed to the respondents to pay legitimate earned wages
to the petitioners as admitted by them in the above referred
communication within two weeks and report compliance to
this Court on the next date of hearing”.
7. In pursuance to the aforesaid order, the respondents have
passed the consideration order dated 18.10.2024 whereby claim
of the petitioners for release of legitimately earned wages has
been rejected. In the said consideration order, the respondents
have taken a stand that there was no extension of service
contracts of the petitioners and due to abrogation of Article 370
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CCP(S) No. 475/2021
WP (C)No. 1058/2021
WP (C)No. 894/2021
of the Constitution and Covid-19 Pandemic, the offices of the
respondents remained closed, as such, claim of the petitioners
that they had worked with the respondents even beyond the
contract period is not tenable.
8. The question that is required to be determined in these writ
petitions is that whether the petitioners have performed their
functions beyond expiry of their service contracts and if so up to
which date.
9. It is an admitted case of the parties that the respondents have
not paid wages/remuneration to the petitioners beyond the date
of expiry of their service contracts. For this purpose, the
petitioners have placed heavy reliance upon communication
dated 27.08.2021 addressed by the Chief Town Planner to
Principal Secretary to Government Housing and Urban
Development Department in which it has been submitted that
the contractual services of the petitioners were disengaged vide
Circular dated 02.08.2019 and 18.06.2019. However, the office
enquiry and records indicate that these Circulars were never
served upon the petitioners and they continued to work beyond
the period of 12 months being involved with office work which
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CCP(S) No. 475/2021
WP (C)No. 1058/2021
WP (C)No. 894/2021
inter alia includes works transcending the Master Plan
Srinagar/Anantnag. It has been further stated in the said
communication that the petitioners continued to work up to
20.03.2020 till the intervention of Covid-19 Lockdown.
10.The respondents, by countering the aforesaid admission made
by the Chief Town Planner, contend that the matter is being
enquired into and the claim of the petitioners is false. It has been
submitted that the experience certificates issued in favour of the
petitioners wherein it is indicated that they were continuing in
service, are not valid and that enquiry has already been held in
the matter whereafter the officers responsible for issuing
experience certificates in favour of the petitioners, are being
proceeded against and in fact charge sheet has already been
issued to one of the officers.
11. If we have a look at the enquiry report dated 21.11.2023
rendered by the Enquiry Officer, even in the said enquiry report,
it has been indicated that the petitioners worked without proper
order of extension even after issuance of disengagement
order/notice. The findings of the enquiry report are reproduced
as under:
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CCP(S) No. 475/2021
WP (C)No. 1058/2021
WP (C)No. 894/2021“Findings:
“As per the letter from the then Chief Town Planner to the
Administrative Deptt. Vide No. Court/Contractuals/
CTPK/2021/2055; dated: 27.08.2021 the Principal Secretary to
Govt. H&UDD at Point no. 4 & 5 was informed as
follows:”………•
that the contractual of Srinagar and Anantnag were disengaged
vide circular No. Circular /CTPK/ 19/1774; dated: 02.08.2019 &
Circular/CTPK/19/1351 dated: 18.06.2019. However, the office
enquiry and records indicate that the circulars were not served
on the concerned professionals whose services were
discontinued. They continued to work beyond the period of 12-
Months being involved in office work which inter alia includes
the works transcending the Master Plan Srinagar/ Anantnag &
The contractual hired for Srinagar Master Plan continued upto
20.02.2020 till the eve of Covid-19 Lockdown as per the office
attendance and the experience certificates were issued
tothem…..”
After perusal of records and communications made, it came to
fore that the contractuals (Petitioners) worked without proper
order of extension and even after issuance of disengagement
order/notices. Furthermore, the experience certificate also stands
issued in favour of the contractuals by the then CTP for the
period including the period under claim”.
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CCP(S) No. 475/2021
WP (C)No. 1058/2021
WP (C)No. 894/2021
12.From the aforesaid enquiry report, it is clear that the petitioners
have worked with the respondents till 20th February 2020 which
is borne out from the records of the respondents and the
admission made by them in their various inter departmental
communications. It may be correct that the petitioners have
worked with the respondents even after expiry of their contract
without any extension from the competent authority, but the
fact of the matter remains that the petitioners have rendered
their services to the respondents up to 20.03.2020 whereafter
due to intervention of Covid-19 Pandemic, most of the offices in
whole of the country remained closed for physical functioning.
13.The contention of the respondents that even prior to Covid-19
Pademic, their offices remained closed due to situation arising
out of abrogation of Article 370 of the Constitution is far from
truth. It is a fact of common knowledge that after abrogation of
Article 370 of the Constitution on 5th August, 2019, the function
of Government offices in the Kashmir Valley was affected
hardly for a few weeks and most of the Government Offices
continued to function from the month of September 2019
onwards. The contention of the respondents that their offices
remained closed right from August 2019 to 20.05.2020 is far
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CCP(S) No. 475/2021
WP (C)No. 1058/2021
WP (C)No. 894/2021
from reality and a ploy to deny legitimately earned
remuneration to the petitioners.
14.The respondents may be well within their jurisdiction to
proceed against their officers who allowed the petitioners to
function and perform their duties beyond the expiry of period
of their contracts and they may also be justified to proceed
against the officers who were responsible for serving order of
disengagement upon the petitioners but they cannot deny the
wages/remuneration to the petitioners for the period they have
actually worked, which is up to 20.03.2020. Once work has
been extracted from the petitioners for a certain period, they
become entitled to remuneration for the said period.
15.For the foregoing reasons, the writ petitions are disposed of
with a direction to the respondents to release the
wages/remuneration in favour of the petitioners up to
20.03.2020 at the rate at which they were drawing it in terms
of their service contracts. The needful shall be done by the
respondents within a period of two months from the date a
certified true copy of this order is made available to them failing
which the arrears of wages shall carry interest @ 6% per annum
from the date the same became due to the petitioners.
P a g e | 10
CCP(S) No. 475/2021
WP (C)No. 1058/2021
WP (C)No. 894/2021
CCP(S) No. 475/2021:
The instant contempt petition has been filed by the
petitioner for non-compliance of interim order dated
02.06.2021 passed in WP(C) No. 1058/2021.
Since petition bearing WP(C) No. 1058/2021 stands
disposed of as above, therefore, the interim order stands merged
with the final order. Thus the contempt proceedings do not
survive. The contempt petition is disposed of accordingly.
(Sanjay Dhar)
Judge
SRINAGAR
14.07.2025
Aasif
Whether the order is speaking Yes/No
Whether the order is reportable Yes/No.
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