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2022 DAILYLAW 901 (JK)

CHESFEED AHMAD BAHADUR v. UNION TERRITORY OF J AND K AND ORS. (SCHOOL EDUCATION DEPARTMENT)

WP(C)/2104/2022 · 2026-04-28

Sanjay Dhar

Writ Petition (Civil)body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) No.2104/2022 Item No.11 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Pronounced on:28.04.2026 Uploaded on: 29.04.2026 Whether the operative part or full judgment is pronounced: Full WP(C) No.2104/2022 CHASFEED AHMAD BAHADUR ...PETITIONER(S) Through: - Mr. Danish Majid Dar, Advocate, with Ms Monisa Manzoor, Advocate. Vs. UT OF J&K AND OTHERS …RESPONDENT(S) Through: - Mr. Hakim Aman Ali, Dy. AG. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE JUDGMENT 1. The petitioner, through the medium of present petition, has challenged order No.85-Chirag of 2022 dated 19.09.2022, whereby on account of adverse reports relating to character antecedents of the petitioner, his engagement as Consultant Draftsman on contractual basis has been discontinued. 2. Learned counsel for the respondents has submitted that because the engagement of the petitioner was on contractual basis and the period of contract has already expired, as such, the relief relating to reinstatement of the petitioner has been rendered infructuous. WP(C) No.2104/2022 3. There appears to be merit in the submission of learned counsel for the respondents, as such, writ petition to the extent of prayer relating to reinstatement of the petitioner and the prayer relating to quashment of the impugned order has been rendered infructuous. 4. The petitioner has also sought a direction upon the respondents that he should be paid salary due to him for the period he has worked. The pleadings of the parties clearly show that the petitioner has worked with the respondents from the date of his joining pursuant to his engagement order dated 17.01.2022 to the date of his disengagement in terms of order dated 19.09.2022. It also appears that services of the petitioner were engaged on consolidated salary/remuneration of Rs.30,000/ per month. The remuneration of the petitioner for the period he has worked with the respondents cannot be withheld as the same amounts to violation of his constitutional right under Article 23 of the Constitution of India. Therefore, the respondents are obliged to release the legitimately earned remuneration in favour of the petitioner, notwithstanding anything contrary contained in the contract of his engagement. 5. Accordingly, the writ petition is disposed of with the direction to the respondents to release the wages/ remuneration of the petitioner for the period for which he has WP(C) No.2104/2022 worked with them and which is still due to him. The needful shall be done by the respondents within a period of two months from today, failing which the amount due shall carry interest @6% per annum from the date of this order till the amount is actually paid. (Sanjay Dhar) Judge SRINAGAR 28.04.2026 “Bhat Altaf-Secretary” Whether the Order is speaking: YES Whether the Order is reportable: YES/NO