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High Court of Jammu and Kashmir · body

2025 DAILYLAW 14495 (JK)

DR. SHAZIA SALAM v. UNION TERRITORY OF J AND K AND OTHERS. (HEALTH AND MEDICAL EDUCATION DEPARTMENT)

WP(C)/494/2023 · 2025-08-01

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through virtual mode from Jammu) CM No. 4934/2025 In WP(C) No. 494/2023 Dr. Shazia Salam …..Applicant/Petitioner Through: Mr. Taha Khalil, Advocate. Vs UT of J&K & Ors. .….Non-applicants/Respondents Through: None. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (28.01.2026) CM No. 4934/2025 01. This is an application filed by the petitioner seeking modification of judgment dated 01.08.2025 passed by this Court in WP(C) No. 494/2023, whereby the following directions came to be issued to the respondents:- “(I) The impugned communication dated 20.02.2023, whereby services of the petitioner have been terminated, shall not come in the way of the petitioner’s getting employment in future. (II) The respondents are directed to pay one month’s salary in lieu of notice to the petitioner and besides this, they are also directed to pay wages/salary to her from July, 2022 to February, 2023, within a period of two months from the date of this judgement, failing which the same shall carry interest @6% per annum from the date of this judgment till its realization.” Serial No. 01 Supplementary-I 2 CM No. 4934/2025 In WP(C) No. 494/2023 02. In the application, it has been submitted that due to inadvertent clerical error, it was pleaded in the petition that salary of the petitioner with effect from July, 2022 to February, 2023 has not been paid to her, whereas the fact of the matter is that the petitioner has not been paid salary with effect from 16.06.2021 to 31.12.2021 and 01.01.2023 to 20.02.2023. 03. Notice of this application was issued to the respondents. Despite service, nobody has appeared on behalf of the respondents. 04. This Court is of the opinion that without going into the controversy as to during which period the petitioner has not been paid her salary, the application can be disposed of by modifying direction No. (ii) (quoted above) and providing that the respondents shall, besides paying one month’s salary in lieu of notice to the petitioner, also pay to her unpaid wages/salary for the period for which she has actually worked with the respondents within a period of two months from today, failing which the same shall carry interest @ 6% per annum from the date of this order till its realization. Ordered accordingly. 05. This order shall be treated as part of judgment dated 01.08.2025. (SANJAY DHAR) JUDGE JAMMU 28.01.2026 Bunty Bunty Kumar 2026.01.29 15:21 I attest to the accuracy and integrity of this document