SAPNA RANI AND OTHERS v. UT OF J AND K TH COMMISSIONMER SECRETARY HEALTH AND MEDICAL EDUCATION DEPARTMENT JAMMU AND OTHERS
WP(C)/983/2025 · 2025-05-13
Javed Iqbal Wani
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 3059 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3059 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case No. :- WP(C) No. 983/2025 CM No. 2358/2025
Sapna Rani and others ….. Appellant/Petitioner(s) Through: Mr. K.K. Pathan, Advocate Vs
UT of J&K and others
.…. Respondent(s)
Through: Mr. Raman Sharma, AAG
Coram:
HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER 13.05.2025
1. The petitioners in the instant petition filed under Article 226 of the Constitution of India have asserted that they came to be selected and engaged as Junior Staff Nurse for 500 bedded temporary COVID Hospital, Jammu pursuant to the Advertisement Notification dated 20.05.2021, whereafter the petitioners after assuming their duties rendered their services satisfactorily and yet the respondents did not release their salary with effect from 01.01.2023 till 19.04.2023 owing to the reason of shortage of funds and that the respondents even failed to release the said salary of the petitioners upon receipt of a representation submitted by the petitioners, compelling the petitioners to file the instant petition.
2. Upon coming of this matter for consideration today, Mr. Raman Sharma, learned AAG, present in the Court, would contend that the similarly situated appointees have had earlier filed a writ petition WP(C) No. 1151/2023 before this Court seeking their regularization as well as release of their unpaid salary, which writ petition was dismissed qua the prayer of regularization, however, was allowed qua the payment of the withheld salary, aggrieved Sr.No. 09
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WP(C) No. 983/2025
whereof the said petitioners preferred a Letters Patent Appeal No. 76/2025, which appeal came to be disposed of directing the respondents to comply with the direction passed by the writ Court, insofar as, it pertains to the release of salary of the writ petitioners/appellants therein.
Mr. Raman Sharma would thus, pray for disposal of the instant petition on the similar lines as well, insofar as, the claim of the petitioners for release of the withheld salary is concerned, provided the petitioners are found to have rendered services validly and legally with the respondents.
3. The counsel for the petitioners is not averse to the proposal of Mr. Raman Sharma for disposal of the writ petition.
4. Having regard to the aforesaid position, the petition is disposed of with the consent of the appearing counsel for the parties at this stage, requiring the respondents to consider effectively the claim of the petitioners for release of the salary claimed by the petitioners for the period with effect from 01.01.2023 till 19.04.2023, strictly in accordance with the law and applicable rules, inasmuch as, provided the petitioners have rendered the services. The said
consideration be accorded, preferably, within a period of eight weeks from the date a copy of this order is provided by the petitioners to the respondents.
5.
Disposed of.
( (Javed Iqbal Wani) Judge Jammu 13.05.2025 Pawan Angotra
Whether the order is speaking? : Yes/No Whether the order is reportable? : Yes/No
Pawan Angotra 2025.05.19 14:13 I attest to the accuracy and integrity of this document