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2021 DAILYLAW 830 (JK)

ASHIQ HUSSAIN MALIK AND OTHERS v. UNION TERRITORY OF J AND K AND OTHERS (EDUCATION DEPARTMENT)

WP(C)/1744/2021 · 2026-07-10

Sanjay Dhar

Writ Petition (Civil)body2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 34 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1744/2021 CM(5816/2021) c/w CCP(S) 542/2021 CM(5961/2024) CM(2883/2025) ASHIQ HUSSAIN MALIK AND OTHERS …Petitioner(s)/appellant(s) Through: Mr. Saleem Gul, Advocate Vs. UNION TERRITORY OF J AND K AND OTHERS ...Respondent(s) Through: Mr. Faheem Nisar, GA CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE O R D E R 10-07-2026 WP(C) No. 1744/2021 1. The petitioners have, through the medium of the present petition, sought a direction upon respondents No. 6 and 7 to release their legitimately earned wages. It is the case of the petitioners that they were engaged as Contingent Paid Workers, (CPWs), by the respondent department, but their wages have been withheld on account of issuance of Circular No. DGAT/TA/Circulars/2017/188/PS/DR/78 dated 23-02-2018 pursuant to which the wages of Contingent Paid Workers have to be drawn under the new head Wages (Outsourcing). On account of this change, in the Account Head, the wages of the petitioners are not being drawn and disbursed in their favor by the respondents. Hence the present writ petition. 2. The respondents in their reply to the writ petition have not denied the entitlement of petitioners to their legitimately earned wages, but it has been submitted that respondent No. 2 has already taken up the matter twice with the Director General, Accounts and Treasuries, J&K vide communications dated 05-10-2021 and 23-02-2024, requesting for necessary guidance and instructions with regard to drawal of wages. It has been further submitted that the matter is being pursued vigorously by Director School Education, Kashmir to address the present issue and operationalize 364-Wages (Outsourcing) Budget Head within the School Education Department. According to the respondents, operationalization of the said Budget Head is necessary to enable the Directorate to facilitate prompt payment of wages to the petitioners. 3. From the pleadings of the parties, it comes to the fore that entitlement of petitioners to wages is not being denied by the respondents. However, it appears that there is a technical issue with regard to the operation of the Account Head under which the wages are to be drawn. It also appears that there has been a change in policy of the Finance Department inasmuch as Account Head with regard to drawal of wages of Contingent Paid Workers, (CPWs) has been changed, and this technical issue has led to withholding of wages of petitioners which otherwise is due to them. 4. In view of the fact that entitlement of the petitioners to the wages is not being denied by the respondents, this writ petition is disposed of with a direction to the respondents to resolve the issue with regard to operation of the Account Head forthwith and release the legitimately earned wages of the petitioners within a period of eight weeks from today, failing which outstanding wages shall carry interest at the rate of 6% per month from the date of filing of the present writ petition. CCP(S) No. 542/2021 Since the main writ petition has been disposed of today by virtue of a separate order, therefore, interim order passed in the writ petition, out of which the present contempt petition arises, has merged with the final order. The contempt proceedings, therefore, do not survive. Accordingly, the same are closed. The contempt petition stands disposed of. (SANJAY DHAR) JUDGE SRINAGAR 10th July, 2026 Aamir