Ishfaq Ahmed vs UT Of J&K, Through Chief Education Officer, Poonch-185101. & Ors.

Rajinder Singh Dogra, Member, (J)

The instant petition has been filed by ld. counsel for the applicant seeking following relief:

i. Direct the respondents to release the salary of the applicant because the salary of the applicant has been withheld in an arbitrary and mechanical exercise of the power by the respondents.

ii. Direct the respondents to release the salary of the applicant without any further delay.

iii. Direct the respondents to explain under which orders the salary of the applicant has been withheld, same will be in the interest of justice.

Ld. counsel for the applicant submitted that the applicant would be satisfied if the present Original Application is disposed of with a direction to respondents to treat this O.A. as representation of the applicant and decide the same by passing a reasoned and speaking order within time frame.

Ld. counsel for the respondents vehemently opposed the submission made by ld. counsel for the applicant.

Heard ld. counsels for the parties.

In view of the above, the Original Application is disposed of with a direction to the respondents to treat this O.A. as representation of the applicant and consider the case of the applicant for release of due and admissible salary of the applicant for the work which he has done, as per the rules.

The respondents are directed to decide the representation of the applicant by passing a reasoned and speaking order. The respondents are further directed to communicate the order so passed to the applicant. The whole exercise shall be completed within a period of four weeks from the date of receipt of a certified copy of this order.

With these directions, the Original Application No. 1567 of 2025 is disposed of.

However, there shall be no order as to costs.