The petitioner, a teacher, filed a writ petition seeking relief for non-removal of an EGS centre and unpaid salary. The court dismissed the petition as infructuous due to the petitioner's failure to pursue it after the notice date and 5-year delay.
None granted. Petition dismissed.
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Serial No. 44
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
OWP No. 175/2010
Mohd Ashraf …Petitioner(s) Through:- None.
v/s
State of J&K and others ….Respondent(s)
Through:- None.
Coram: HON’BLE MR. JUSTICE RAJESH BINDAL, JUDGE
ORDER
“i. Mandamus; commanding and directing the respondents not to shift/merge the EGS Centre of Mohalla Manhansan village Salwah Tehsil Mendhar Distt. Poonch functioning at the present location for the last 5/6 years with the strength of 40/50 students from the present place/location to any other place by merging the same in EGS Centre Mohalla Loharan Messian in violation of Govt. order No. 322 of 2008 dated 26.06.2008 and rules and norms prevalent issued on subject and not to transfer/shift the petitioner who is working as RET teacher in EGS Centre Mohalla Manhasan to any other place/location as EGS Centre in consequence thereof.
ii. Mandamus; commanding and directing the respondent to release arrears/ salary honorarium of the petitioner which has not been paid to the petitioner for the last four years.
2
OWP no. 175/2010
With any other writ, order or direction to which the petitioner is found entitled in the facts and circumstances of the case in the interest of justice.”
(RAJESH BINDAL) JUDGE
Jammu 23.06.2020 Tilak Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No
1 issue framed by the court
Whether the writ petition seeking direction not to shift an EGS centre and payment of arrears is maintainable after a long delay respecting an executive function.
Mohd Ashraf
State of J&K
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
