HIGH COURT OF JAMMU AND KASHMIR
Gh Hassan Dar
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(1.) PETITIONERS have been appointed on class IV posts like chowkidars, helpers etc in the grade of 750 -940 under the orders of Dy. Commissioner
Kupwara -respondent No. 3, from January 1998 to June 1998 in exercise of
powers vested in Dy. Commissioner Kupwara under SRO 43 of 94 dated:
20.2.94. (annexure P1 to P8). They have joined the Public Health Engineering Department and have been assigned work and taken duties in
P.H.E Division Hindwara (annexure P9 to P15). Pay and other emoluments
have been disbursed to petitioners ending July 1998. Despite rendering
duties and continuously working on the graded posts to which they stand
appointed, they are not being paid their earned pay and emoluments.
Petitioners have prayed for relief of mandamus for release and
disbursement of their pay and remunerations from August 1998 onwards.
(2.) RESPONDENT No.3 -Dy. Commissioner Kupwara, has filed reply. Mr. G. Ali, GA submits that the reply filed on behalf of respondent No.3 may
be treated as reply on behalf of respondent No.3 may be treated as reply
on behalf of other respondents also. In reply respondents have In
unequivocal terms admit the appointment of petitioners to Class IV graded
posts, under the Government on compassionate grounds in terms of SRO: 211
of 95 (Jammu & Kashmir Govt. Compassionate Appointment Rules 1995). It is
also admitted that the petitioners have been posted in PHE Department
Hindwara and have been posted in the said Handwara Division of PHE. The
appoint -ment of petitioners on compassionate grounds have been ordered by
respondent No.3 under SRO 43 of 94 in terms of the above compassionate
appointment rules. Respondents have not paid them pay dues now for some
time, because of non -availability of funds in so far as the pay dues of
petitioners fall within the category of non -plan budgetory provisions and
the budget under the head was not received by the PHE Division Handwara.
The matter has been taken up by Executive Engineer PHE Division Handwara
with the Chief Engineer PHE Kupwara.
(3.) AFTER the case was admitted to the hearing on 21.1.1999, respondents in terms of reply and stand of respondents through their
counsel, have admitted petitioners case of nonpayment of their pay dues
for some time unequivocally and as plainly as it could be. The
appointment of petitioner, may be on compassionate grounds, is admitted.
The powers of respondents No.3 to order appointment is not questioned,
posting of the petitioners and the assignment of their work and discharge
of their duties in PHE Division Handwara is not also refuted. The
disbursement of pay dues to petitioners from inception of their
appointment till July 1998 is not also denied.
Faced with the situation, the counsel for respondents submits that the petitioners have rights to receive the emoluments of Class IV
grade to which each of petitioner stands appointed, for the period the
petitioners) have not been given the pay dues.;
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