MOHD MAQBOOL DAR Vs. MANAGING DIRECTOR, J&K TOURISM DEVELOPMENT CORP , SRINAGAR

JUDGEMENT

(1.) PETITIONER was an employee of J&K Tourism Development Corporation. He was working as Accounts clerk in the said corporation up to 3 -6 -1978. His services are said to have been terminated by an order winch is alleged to be illegal. Petitioner seems to have filed a civil suit for quashing the order of termination which was withdrawn later on. In the suit he had challenged that termination order. Petitioner was reinstated by an order dated S -l -19 3. i -K -w ever, the intervening period from 3 -6 -1978 to 5 -1 -1983 i.e from the date of his termination to the date of his reinstatement was treated as leave of what ever kind was due to him. The uncovered period was to be treated as leave without pay but this would not constitute any break in his service.

(2.) PETITIONERS case is that under the civil Service Regulations and Civil services Classification, control and Appeal Rules, which are applicable to the petitioner the period of his termination was to be treated as on duty and he was entitled to get the emoluments for the intervening period also. No enquiry was held against the petitioner nor was any punishment given to the petitioner. A corporation also had the power to initiate enquiry against the petitioner under its rules but that was not done. Therefore, petitioner was reinstated without any stigma. As such he was entitled to full pay. The order treating period for termination to reinstatement as period on leave is bad and it visits the petitioners with civil consequences, as it deprives the petitioner from drawing his pay because he cannot be held to be entitled to leave for a period which has been treated as on leave from 1978 to 1983. He is said to have made representations. Same were not considered. Some other employees who were similarly placed with the petitioner and who have been reinstated have been given full pay. Therefore, there is a discrimination in the case of petitioner.

(3.) COUNTER was filed by deputy Managing Director J&K Tourism Development Corporation. It is stated that Petitioner has filed mercy petition before the Corporation which is titled as "Application for Mercy" copy whereof is not enclosed. In view of his representation the petitioner was treated as under: - 1. 3 -6 -78 to 30 -9 -78 earned leave 120 days) 2 1. 10.78 to 8.5. 79 half pay leave (220 days) 3. 9.9.3.79 to 4. 1.83 extra -ordinary leave without pay,