KHURSHID AHMAD DAR S/O ABDUL REHMAN DAR Vs. STATE OF J&K THROUGH COMMISSIONER-SECRETARY TO GOVT
HIGH COURT OF JAMMU AND KASHMIR
Khurshid Ahmad Dar S/O Abdul Rehman Dar
State Of JAndK Through Commissioner -Secretary To Govt
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(1.) IN this petition, letter NO. ZEO/795 dated 02 -01 -1999, Annexure P4, is prayed to be quashed, with further writ to Z.E.O. Tangmarg,
respondent No.4, to release the pay of the petitioner from the month of
December, 1998. The above impugned letter -Annexure P4 is a communication
to the petitioner from Z.E.O, Tangmarg requiring him like other Teachers
appointed from 1.1 1985, to produce their original appointment orders, so
that their service record could be completed. On reading Annexure P4, in
conjunction with Annexure -P3, it is manifest that the Zonal Education
Officer, Tangmarg is insisting the petitioner to produce before him the
date of birth certificate, Higher qualification certificate. Appointment
order copy (in original) and B.Ed. Training Certificate (if passed).
(2.) THE petitioner is taking objection to this direction of Z.E.O, notwithstanding, that the production of these documents is in the
interest of the petitioner himself for purpose of compilation of his
service record. It is further stated in the communication -P4 that if the
petitioner fails to produce this record, his pay will be kept withheld.
Obviously, the pay of the petitioner has not been withheld.
(3.) NO fundamental or legal right of the petitioner is violated in this case. The impugned orders which are routine administrative orders,
do not infringe any service or any other rights of the petitioner. At the
most, these are executive instructions and fall within the domaine of
administrative powers. In fact, there is no cause of action at present
made out for the Writ. The writ in its present form is not maintainable.
In the result, the writ petition is dismissed at the thresh hold alongwith connected C.M.Ps.;
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