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2025 DAILYLAW 2049 (JK)

ISHVINDER SINGH RANYAL v. JAMMU AND KASHMIR BANK LTD. TH MANAGING DIRECTOR AND ANOTHER

WP(C)/347/2025 · 2025-03-03

Rajesh Sekhri

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No.347/2025 CM No.752/2025 Ishvinder Singh Ranyal ….Petitioner/Appellant(s) Through :- Mr. Sunil Sethi, Sr. Advocate with Ms. Vanaya Gupta, Advocate. V/s Jammu And Kashmir Bank Limited & Anr. ….Respondent(s) Through :- Mr. Akash Gupta, Advocate. Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 03.03.2025 01. Petitioner has invoked writ jurisdiction of this Court, under Article 226 of the Constitution of India, for issuance of a writ of mandamus to the respondents for release of his salary for the months of December, 2023 and January, 2024 along with interest @ 24% p.a. and for release of his subsistence allowance, in terms of Rule 5.49 of the Jammu and Kashmir Bank Limited Officers Service Rules 2022 w.e.f. 05.02.2024. 02. Vide order dated 18.02.2025, learned counsel for the respondents was directed to report instructions in the matter. Learned counsel for the respondents has filed objections, a perusal whereof reveals that subsistence allowance already stands released in favour of the petitioner and deposited in his bank account. A detailed sheet depicting the manner of calculation and respective deductions and credit of respective amounts has been annexed with the objections. It is contention of the respondents that in so far as release of salary of the petitioner Sr. No.13 2 for the month of December, 2023 and January, 2024 is concerned, the petitioner was absent during the said period and in case, he applies for regularization, the respondent-bank shall also consider the same under rules. A perusal of the objections also reveals that all bank accounts/bank relations of the petitioner have been freezed by the respondent-bank on the request of Police Station Bahu. Mr. Akash Gupta, learned counsel for the respondents has no objection, if the subsistence allowance is ordered to be withdrawn by the petitioner. 03. Having regard to the limited nature of controversy, the present petition is disposed of, with the consent of learned counsels for the parties and petitioner is allowed to withdraw the amount of subsistence allowance already released and deposited and to be deposited and released in future in his account. He shall also be at liberty to apply for regularization of two months salary and respondents shall consider the same in accordance with law within a period of two weeks from the date copy of this order is made available. 04. Disposed of. (Rajesh Sekhri) Judge JAMMU 03.03.2025 Eva