Excelsior Correspondent
JAMMU, Nov 18: Division Bench of High Court comprising Justice Sanjeev Kumar and Justice Rajnesh Oswal has dismissed the appeal filed by the Government and upheld the judgment of Single Judge which had concluded that so long the appointment of the daily wagers is intact and has not been held to be illegal or irregular by any competent authority they cannot be denied the salary for the period they perform their duties.
“It is rightly held by the Single Judge that taking the work from the respondents without paying their due salary is tantamount to “beggar” which is constitutionally prohibited. Thus the view taken by the Single Judge is unexceptionable and, therefore, cannot be interfered with”, the DB said.
The appellants in this Letters Patent Appeal assailed the judgment dated 19th March 2020, passed by the Single Judge in WP (C) No. 742/2020, clubbed with SWP No. 2648/2018, CCP (S) No. 402/2019, titled as Ashiq Hussain Dar and Others Versus Union Territory of J&K & Ors.
The respondents are working as Class-IV employees in the appellant-department on substantive basis for the last about 15 years and have been contributing towards the General Provident Fund (GPF) as per the numbers and the computer codes, allotted to them by the appellants.
The Chief Accounts Officer, District Fund Office, Bandipora vide his communication dated 22nd January 2018, raised some controversy regarding correct allotment of GP Fund numbers and computer codes of Class-IV employees including the respondents, working in the office of Block Medical Officer, Hajan.
The communication provided that the GPF contribution of the respondents be stopped till further instructions. This communication was followed by another letter of Chief Medical Officer, concerned dated 13th January 2018, whereby the Block Development Officer, Hajan was directed to stop the salary of the respondents.
The grievance of the respondents in the writ petition was that their appointments as Class-IV employees was genuine and that they had been working in substantive basis for more than a decade and, therefore, unless a proper enquiry in accordance with law was held and their appointments were declared illegal, the appellants have no right or authority to withhold their salary and stop their GP Fund contributions.
The Single Judge passed the interim order directing the Chief Accounts Officer, Directorate of Health Services, Kashmir to ensure the release of the withheld salary of the respondents in accordance with the rules, governing the field.
In compliance to the directions, Director Health Services, Kashmir vide Order No. 381-NG of 2019 dated 29th August 2019, considered the claim of the respondents and rejected the same, being devoid of any merit. It is this rejection order, passed by the Director Health Services, Kashmir which was made subject matter of challenge in the writ petition, which was disposed of in terms of the impugned judgment.
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