High CourtsSingle Bench(2020) 11 J&K CK 0031

Muzaffar Ahmad Mir And Others vs Union Territory Of J&K And Others

Jammu And Kashmir High Court · Decided on 16 November 2020

HON’BLE JUDGES
Ali Mohammad Magrey, J
CASE NUMBER
Civil Miscellaneous No. 5232, 5233 Of 2020, Writ Petition (C) No. 1770 Of 2020

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Judgment

11 paragraphs · 250 words

Ali Mohammad Magrey, J

CM No. 5232/2020

For the reasons mentioned in the application, coupled with submissions made at the Bar, the instant application is allowed and the applicant is permitted to file the instant petition without enclosing therewith the requisite Stamp duty, Court fee, attestation of documents, etc. It is, however, directed that the said deficiency shall be immediately made good by the applicant, as and when the prevailing lockdown period, announced by the Government, comes to an end.

Disposed of.

WP(C) No. 1770/2020

Petitioner No. 1, namely Muzaffar Ahmad Mir, while working in the SKIMS, Soura, was paid Rs. 35296/- petitioner No. 2, namely, Mohammad Rafiq Baba, was paid Rs. 30741/- and petitioner No. 3, namely Atoofa, was paid Rs. 25713/- as salaries respectively and their pay scale was reduced to Rs. 20198/-, Rs. 27465/- and Rs. 17300/- respectively without affording them an opportunity of being heard.

Learned counsel appearing for the petitioners submits that there is no scope for reduction of the pay scale of the petitioners by application of SRO 202, as their pay scale is protected under Article 77-D(i) (a) and 77 (a) (ii), of J&K CSR.

Notice. On asking, Mr. Shah Aamir, learned AAG, waives notice on behalf of respondents. He shall file response within two weeks.

List on 02.12.2020.

In the meantime, there shall be no recovery from the salary of the petitioners till further orders from this Court.

Copy of the order be provided to Mr. Shah Aamir, learned AAG, for compliance.