High CourtsSingle Bench(2020) 10 J&K CK 0007

Ghulam Mohi Ud Din Malik vs Union Territory Of J&K And Others

Jammu And Kashmir High Court · Decided on 5 October 2020

HON’BLE JUDGES
Ali Mohammad Magrey, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous No. 4093 Of 2020, Writ Petition (C) No. 1487 Of 2020

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Judgment

12 paragraphs · 301 words

Ali Mohammad Magrey, J

CM No. 4093/2020:

By medium of the instant application, the applicant/ petitioner is seeking permission of this Court to file the accompanying petition without enclosing therewith the requisite Stamp Paper, Court fee, attestation of Affidavits, etc.

For the reasons mentioned in the application, coupled with submissions made at the Bar, this application is allowed and the applicant/ petitioner, for the time being, is permitted to file the main petition, being WP(C) No. 1487/2020, without enclosing therewith the requisite Stamp Paper, Court fee, attestation of Affidavits, etc. It is, however, directed that the said deficiency shall be immediately made good by the applicant/ petitioner, as and when the prevailing lockdown period, announced by the Government on account of outbreak of COVID-19 Pandemic, comes to an end and the Courts start functioning in the normal manner.

CM disposed of as above.

WP(C) No.1487/2020:

The petitioner, in this petition, claims to have been placed under suspension in terms of Government Order No. 153-HUD of 2019 dated 4th of July, 2019, issued by the Principal Secretary to Government, Housing & Urban Development Department.

Mr Qurashi, learned senior counsel, representing the petitioner, submits that the respondents have not adhered to the procedure in vogue while dealing with the case of the petitioner inasmuch as no periodic review has been undertaken by them till date and no subsistence allowance has been paid to the petitioner.

Notice.

Notice waived by Ms Asifa Padroo, learned Additional Advocate General, on behalf of the respondents. She shall file objections by the next date of hearing.

List on 9th of November, 2020.

Meanwhile, the respondents shall ensure periodic review of the suspension of the petitioner as well as payment of 'Subsistence Allowance' in favour of the petitioner in accordance with the law and the rules governing the subject.