Mohd Shafi Zargar vs D/o Industries And Commerce, Ut Of J&k on 31 December 2025

O R D E R

(O R A L)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)

1. The instant writ petition (SWP No.2525 of 2017), having been filed initially before the High Court of Jammu & Kashmir at Srinagar in the year 2017, came to be transferred to the CAT, Jammu Bench vide order dated 02.09.2020 and accordingly numbered as T.A.1831/2021. Thereafter

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when CAT Srinagar Bench was commissioned, the matter was transferred to this Bench.

2. Through the medium of instant TA, the petitioner has sought for the following reliefs:- “(a) Writ of Certiorari quashing the order impugned bearing No.16 of 2017 dated 08-08-2017 issued by respondent No.3 forming Annexure-C to this writ petition.

(b) Writ of Mandamus, commanding the respondents to release the unpaid salary of the petitioners along with interest from the date it was due to the petitioners as already decided by this Hon’ble Court vide judgment dated 24-07-2008.

(c) Writ of mandamus, commanding the respondents to release the salary of the petitioners w.e.f. April 2009 till date and onwards.

(d) Any other writ, order or direction which this Hon’ble Court deems fit and proper in the attending circumstances of the case may also kindly be issued in favour of the petitioners and against the respondents.”

3. The respondents were put to notice and all the respondents have filed their response. It is stated in the reply that vide order dated 08.08.2017, issued by the Deputy Commissioner, Baramulla the claim of the petitioners for release of salary in their favour by the Government w.e.f. September 1999/2000 is devoid of merit as there are no rules under which the Government is liable to make payment of the salary to the petitioners. The respondents have sought for dismissal of the writ petition.

4. The respondents have also denied the averments made by the petitioner in the writ petition that the Government is under obligation to pay salary, honorarium to the petitioner, however, petitioners were never appointed by the Government as the petitioners were engaged by the Society and they were paid by the society on its resources which earned by the Society.

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5. Shri B.A. Zargar, learned counsel for the petitioners however vehemently refutes the contention of the reply and submits that in terms of the communication dated 29.12.2008, the District Dev. Commissioner, Baramulla has already forwarded a letter to the Financial Commissioner, Planning & Dev. Department, Jammu & Kashmir wherein recommendation has been made for release of an amount of Rs.40.20 lacs under Handicrafts Sector in shape of additionally under District Plan 2008-09 so that enabling the office to release the same amount in favour of Assistant Director Handicrafts, Baramulla for further payment/disbursement to the employees of District Handicrafts Marketing Society, Baramulla on account of unpaid salary from September 1999 to March 2009.

6. Shri B.A. Zargar further supported his contention by an order passed by the Hon’ble High Court in contempt petition No.539/2011 dated 27.10.2016 wherein learned counsel appearing for the respondents sought two weeks’ time for disbursing the amount, The Court ordered that if the amount payable to the petitioners is not disbursed by that time, the amount be disbursed with interest from the date when amount was quantified. He has also referred the Government order No.157 Ind of 2016 dated 08.08.2016 whereby sanction was accorded to Rs.15.50 lacs in favour of Director, Handicraft Department, J&K Srinagar under Capex Budget 2016-

17.

7. Shri Syed Musaib, learned DAG submitted that since the petitioners were not duly appointed by any of the Government organization, so there is no question of release of any salary. However, he was confronted by Shri Zargar then why Rs.15.50 lacs was released in favour of the Director, Handicraft Department.

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8. Admittedly, instant petition is pending for past eight years. Shri Zargar submits that there are lots of communication reference have been made by the Handicrafts Department, Baramulla to the Secretary to the Government. He submits that petitioners, as such, cannot be denied their earned salary.

9. Be that as it may. Heard the learned counsel for the parties. This petition is accordingly disposed of at the request of the learned counsel for the petitioners that he would be satisfied if direction as already passed by the Hon’ble High Court, Jammu & Kashmir is ordered to be complied with.

10. Accordingly, the instant TA is disposed of by directing the respondents to adhere the order passed by the Hon’ble High Court on 13.12.2009 in accordance with rules within a period of eight weeks’ from the date of service of copy upon the respondents. No order as to costs.

Sd/-

(M.S. LATIF)

MEMBER (J) sks/-

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