KHURSHID AHMAD DAR S/O ABDUL REHMAN DAR Vs. STATE OF J&K THROUGH COMMISSIONER-SECRETARY TO GOVT
LAWS(J&K)-1999-2-14
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 03,1999

Khurshid Ahmad Dar S/O Abdul Rehman Dar Appellant
VERSUS
State Of JAndK Through Commissioner -Secretary To Govt Respondents

JUDGEMENT

- (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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