Excelsior Correspondent
JAMMU, Aug 16: High Court has held that merely because the court is seized of the matter for ensuring dispensation of justice to the justice seeker shall not form a ground for the respondents to withhold the salary of the petitioner.
As per the case before the court, Mohammad Ahsan Mir in terms of order bearing No. 187/Adm of 2018 dated 21.12.2018 was promoted as Senior Assistant in the pay level-5 from 22.06.2018 on the recommendations of Divisional Level Departmental Promotion Committee (Kashmir Division).
While according sanction for such promotion, the petitioner was asked to report to Excise Department for further duties. However, the petitioner challenged the order impugned on various grounds with particular reference that he has been sent to Excise Department without authority and jurisdiction of Commissioner State Taxes.
After hearing both the sides, Justice Ali Mohammad Magrey observed, “since the issue in terms of reply stands settled which has reference of not infringing the rights of the petitioner for service benefits, therefore, he shall feel satisfied. The respondents are expected to give him promotion to which he is entitled, in tune with mandate of law and the rules governing the subject, notwithstanding the fact that the petitioner has approached this court”.
“The petitioner is not being paid his salary from December 2018 probably on the strength of having approached this court as the notice was issued in the matter on 31.12.2018”, High Court observed, adding “merely because the court is seized of the matter for ensuring dispensation of justice to the justice seeker, shall not form a ground for the respondents to withhold the salary of the petitioner”.
The High Court expected the respondents to release legitimately earned salary in favour of the petitioner to which he is entitled to under rules.
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