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High Court of Jammu and Kashmir · body

2023 DAILYLAW 1022 (JK)

MOHINDER SINGH AND OTHERS v. SANTOSH D VAIDYA COMMISSIONER SECRETARY FINANCE DEPTT AND OTHERS

CCP(S)/238/2023 · 2026-06-30

Rajnesh Oswal

Writ Petition (Civil)body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 34 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 340/2023 c/w CCP(S) No. 238/2023 Mohinder Singh and Ors. …. Appellant(s)/Petitioner(s) Through:- Mr. Ankur Sharma, Advocate. V/s UT of J&K & Ors. …..Respondent(s) Through:- Mr. Anishwar Chatterjee Koul, GA. CORAM : HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 30.06.2026 1. With the consent of learned counsel appearing for the parties, this petition is taken up for final disposal. 2. The petitioners have filed the present petition for grant of following reliefs:- “Mandamus (i) Directing the respondent to register the petitioners herein on the NIC portal by conducting the Aadhar based biometrics identification of the petitioners herein being casual workers in terms of the Government Order No. 126-F of 2016 dated 28.04.2016. (ii) Directing the respondents to release the pending salary of the petitioners for the period May 2020 till September 2021 forthwith. (iii) Directing the respondents to revise the salary of the petitioners herein as Rs. 9000/- per month in terms of the Government Order No. 121-F of 2022 dated 23.04.2022 notwithstanding, the non registration of the petitioners herein on the NIC portal i.e Aadhar Based Biometric Identification. Certiorari: WP(C) No. 340/2023 2 (iv) Issue writ in the nature of Certiorari thereby quashing the impugned Circular dated 09.12.2022 in so far as its applicability to the petitioners is concerned. (v) Any other writ, direction, or appropriate order that may be deemed fit as per the facts and circumstances of the case may please by allowed in favour of the petitioners.” 3. The above mentioned all reliefs are being sought on the ground that the petitioners have been continuously working with the respondents and discharging their duties without any fail and requesting the respondent authorities to conduct the Aadhar Based Biometric Identification of the petitioners but due to the technical fault on the part of respondent No. 2, the registration of the petitioners has not been made on NIC portal by the respondents. 4. Respondent No. 3 has come up with the response stating therein that the requisite steps have been taken to complete the registration process of the petitioners on the NIC portal and for the same, the answering respondent has written to respondent No. 2, who has taken up the matter with the Principal Secretary to Govt. Skill Development Department, who in turn has further taken up the matter with the Department of Information and Technology for doing the needful. 5. In view of the categoric stand taken by the respondent No. 3 in the reply that the matter has been taken up with the respondent No. 2 for uploading the names of the petitioners on the NIC portal and further that the petitioners have been working with the respondent No.3 and are being paid wages out of local funds of the institution, the present petition is disposed of by directing the respondents to ensure that till the details of the petitioners are uploaded on NIC portal, they shall continue to be paid the wages which were being paid to them prior to the issuance of order WP(C) No. 340/2023 3 dated 09.12.2022. The pending wages, if any, be paid to the petitioners for the period they have worked with the respondents within the period of three months from the date of receipt of this order. 6. Disposed of CCP(S) No. 238/2023 7. In view of the disposal of the main petition, the proceedings in the contempt petition are closed. (Rajnesh Oswal) Judge JAMMU 30.06.2026. Neha-1 Neha Kumari 2026.07.02 11:30 I attest to the accuracy and integrity of this document