ZAHID YAQOOB BHAT v. UNION TERRIITORY OF J AND K(HIGHER EDUCATION) AND ANR
WP(C)/1933/2025 · 2025-09-22
Moksha Khajuria Kazmi
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 11546 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 11546 (JK) · dailylaw.ai ]
Judgment text
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S.No. 14 Regular List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 1933/2025 ZAHID YAQOOB BHAT
…Petitioner(s)/Appellant(s)
Through: Mr. Mir Majid Bashir, Advocate & Mr. Taufiq H. Khawaja, Advocate
Vs.
UNION TERRIITORY OF J AND K(HIGHER EDUCATION) AND ANR ...Respondent(s) Through: Mr. Waseem Gul, GA
CORAM:HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI,JUDGE
ORDER 22-09-2025
1. By this petition, filed under Article 226 of the Constitution of India, the petitioner seeks issuance of a writ, order or direction in the nature of mandamus, commanding the respondents to release his withheld remuneration w.e.f. 09.10.2024, the date from which he has been serving as Lecturer on need-basis academic arrangement for the session 2024-25.
2. It is pleaded in the petition that the petitioner, who possesses the educational qualification of Ph.D. in Botany with NET + JRF, has been engaged as Lecturer on need-basis academic arrangement in GDC Shopian for the session 2024-25. The grievance of the petitioner is that despite rendering his duties continuously and without default from the date of engagement i.e. 09.10.2024, his remuneration has been withheld without any legal justification. It is further pleaded that on account of such withholding, the
petitioner is facing acute financial hardship, and the action of the respondents amounts to “Begar” and “Slavery” qua unpaid labour, offending the fundamental rights of the petitioner guaranteed under Articles 14, 16 and 21 of the Constitution of India.
3. Learned counsel for the petitioner submits that the petitioner would feel satisfied if the instant petition is disposed of with a direction to the respondents to consider the claim of the petitioner for release of his withheld remuneration w.e.f. 09.10.2024, the date of his engagement for academic arrangement for the session 2024-
25.
4. Learned counsel for the respondents submits that he has no objection to the disposal of the present petition at this stage in the manner prayed for by the learned counsel for the petitioner.
5. In view of the above, the present petition is disposed of with a direction to the respondents to consider the claim of the petitioner for release of his withheld remuneration w.e.f. 09.10.2024, the date from which he has been working as Lecturer on need-basis academic arrangement for the session 2024-25, provided there is no legal impediment.
6. Disposed of accordingly.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR: 22-09-2025 Mubashir