Dismissed

Shiv Kumar Padha v. Union Territory of Jammu and Kashmir Th Secretary Education Deptt and Others

J&K HC6 Dec 2021WP(C)/2586/2021

Case brief

AI extract

What is this about?

High Court of Jammu and Kashmir dismissed a writ petition challenging the dismissal of a transfer application. The Court held that the petitioner, appointed in 1974, cannot claim a higher pay scale after decades of acceptance without protest.

What did the court decide?

None. The writ petition challenging the dismissal of the transfer application was dismissed.

Shiv Kumar Padha Vs Union Territory of Jammu and… — Pension and Retirement Benefits | J&K HC (2021)

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Sr. No. 2

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HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU

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CJ Court

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Case: WP (C) No. 2586 of 2021

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Shiv Kumar Padha

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.....Appellant/Petitioner(s)

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Through :- Smt. Rozina Afzal, Advocate.

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v/s

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Union Territory of J&K and Others

.....Respondent(s)

Through :- .

CORAM:

HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

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ORDER

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Heard Smt. Rozina Afzal, learned counsel for the petitioner.

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The petitioner has preferred this writ petition against the judgment and order dated 3^rd May 2021 passed by the Central Administrative Tribunal, (hereinafter for short ‘the Tribunal’) Jammu Bench dismissing his transfer application.

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The petitioner had filed a writ petition which was transferred to the Tribunal alleging that he was appointed as Teacher in the wrong pay scale of 220-430 whereas his appointment ought to have been made in the pay scale of 430-700.

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The argument of learned counsel for the petitioner is that the aforesaid

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order has been passed without hearing the counsel for the petitioner and since

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the cause of action was of recurring nature the petition could not have been dismissed on the ground of delay.

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WP (C) No. 2586 of 2021

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No doubt, the counsel for the petitioner was not heard but the order passed by the Tribunal is on merits and we have accorded the petitioner the right of hearing. The order categorically states that the petitioner was appointed in the above referred pay scale way back on 02.09.1974 and that he never raised any objection against the said appointment or to grant of wrong pay scale. Thus, having regard to the long service rendered by the petitioner in a particular pay scale for decades together, it is not open for him to claim higher pay scale that too without refereeing to any provision of law.

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We have offered opportunity of hearing to the petitioner but we are not satisfied that the petitioner can be granted any benefit of revision in pay scale after he had accepted the appointment without any protest with open eyes and

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took no objection for years together. The petitioner having worked in pay scale of 220-430 from 1974 till 2002 is not entitled to raise the issue after such a long distance of time when the matter was practically dead.

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The writ petition has no merit and is dismissed.

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(SANJAY DHAR) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE

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JAMMU 06.12.2021 Tilak

Shiv Kumar Padha v. Union Territory of Jammu and Kashmir Th Secretary Education Deptt and Others

Case brief

What is this about?

What did the court decide?

Shiv Kumar Padha v. Union Territory of Jammu and Kashmir Th Secretary Education Deptt and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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