M/S NASEER AHMAD SHEIKH v. UNION TERRITORY OF J AND K (HEALTH AND MEDICAL EDUCATION) AND ORS
WP(C)/764/2025 · 2025-04-24
Moksha Khajuria Kazmi
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 6803 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 6803 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 17 Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 764/2025 CM(1916/2025)
M/S Naseer Ahmad Sheikh …Petitioner(s) Through: Mr. Showket Hussain Naqashbandi, Advocate
VS. Union Territory Of J And K And Ors ...RESPONDENT(S) Through: Mr. Rais ud din Ganai, Dy. AG
CORAM:
HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 24.04.2025
1. The petitioner, through the present writ petition, is seeking a direction upon the respondents for the release of the outstanding payment in his favour from the month of November, 2024 to 31st March, 2025. 2. It is stated that the respondents had issued an e-Tender Notice No. 10 of 2024 dated 26.07.2024 for outsourcing of sanitation services at Government Medical College, Srinagar and its associated hospitals. The petitioner participated in the tendering process and was declared successful, being the lowest bidder. Consequently, the respondents issued a sanction letter in favour of the petitioner vide letter No. RCC/GMCS/RC/Sanitation/24-25/754-67 dated 11.11.2024. 3. Pursuant thereto, the petitioner is stated to have taken charge of the sanitation services at the respondent hospitals and for effective delivery of services engaged local youth to assist in the provision of these services. 4. The grievance of the petitioner is that although various bills have been raised by him for payment towards the labour employed, the respondents have withheld the amount due, thereby causing undue hardship not only to the petitioner but also to the workers engaged by
him. It is contended that the bills raised are legitimate and the retention of the outstanding amount is arbitrary and without justification. 5. It is further stated that the petitioner has already filed representation dated 26.03.2025 before respondent No. 3 requesting the release of the remaining amount, however, the respondents have retained the balance amount without any justification. 6. Learned counsel for the petitioner submits that he would feel satisfied if the respondents are directed to consider the case of the petitioner for the release of the balance amount withheld by the respondents. 7. Learned counsel for the respondents is not averse to the proposition being made by the learned counsel for the petitioner. 8. Having regard to the prayer made by learned counsel for the petitioner and without expressing any opinion on the merits of the case, the instant writ petition is disposed of at its threshold, with a direction to the respondents to consider the claim of the petitioner as projected in the writ petition and take a decision thereon within a period of one month from the date a certified copy of this Order is furnished by the petitioner to them subject to verification of the requisite bills. The decision so taken by the respondents shall be conveyed to the petitioner. 9.
Disposed of along with all connected CM(s)
(MOKSHA KHAJURIA KAZMI)
JUDGE SRINAGAR 24.04.2025 Aamir
Amir Rashid Sofi I attest to the accuracy and authenticity of this document 25.04.2025 10:23