Jammu & Kashmir High Court - Srinagar Bench
Khalida Akther And Anr vs Ut Of J&K And Ors on 2 December, 2021
1
Suppl
164
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
...
WP (C ) 2467/2021
CM 7849/21
Khalida Akther and anr
.......Petitioners
Through: Mr. Bhat Khursheed, adv.
vs
UT of J&K and ors
......Respondent(s)
Through: Mr.B.A Dar, Sr. AAG.
CORAM:
HON'BLE MR JUSTICE ALI MOHAMMAD MAGREY, JUDGE
Notice waived by Mr. B.A Dar, Sr. AAG on behalf of respondents.
It is contended that petitioners 1 and 2 are married to each other being
major. The marriage has been solemnized by the two to the disliking of father
and brothers of petitioner No.1 i.e., respondents 5 to 7, who are hell-bent to
disturb their matrimonial life and petitioners allege that official respondents
are harassing them at their instances. Petitioner no.1 contends to be living
happily with petitioner no.2 out of her own free will, therefore, writ petition
is filed for protecting their rights by directing the respondents not to interfere
with or harass the petitioners' peaceful life.
In the given circumstances, the petition is disposed of with all
connected CMs with direction to respondents not to harass the petitioners, if
their marriage is established to have taken place out of free will of petitioner
no.1.
Disposed of.
(Ali Mohammad Magrey)
Judge
Srinagar,
02.12.21
ayaz
Suppl
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
...
WP (C ) 2477/2021
CM 7888/21
Rubeena Bano and anr
.......Petitioners
Through: Mr. Jamsheed Bhat, adv.
vs
UT of J&K and ors
......Respondent(s)
Through: Mr.B.A Dar, Sr. AAG.
CORAM:
HON'BLE MR JUSTICE ALI MOHAMMAD MAGREY, JUDGE
Notice waived by Mr. B.A Dar, Sr. AAG on behalf of respondents.
It is contended that petitioners 1 and 2 are married to each other being
major. The marriage has been solemnized by the two to the disliking of father
of petitioner No.1 i.e., respondent no. 5, who is hell-bent to disturb their
matrimonial life and petitioners allege that official respondents are harassing
them at his instance. Petitioner no.1 contends to be living happily with
petitioner no.2 out of her own free will, therefore, writ petition is filed for
protecting their rights by directing the respondents not to interfere with or
harass the petitioners' peaceful life.
In the given circumstances, the petition is disposed of with all
connected CMs with direction to respondents not to harass the petitioners, if
their marriage is established to have taken place out of free will of
petitioner no.1.
Disposed of.
(Ali Mohammad Magrey)
Judge
Srinagar,
02.12.21
ayaz
Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
...
WP (C ) 2122/2021
CM 6925/21
Sonum Angmo and ors
.......Petitioners
Through: Mr. A.H Naik, sr. adv with
Mr. Shabir A. Najar, adv.
vs
UT of J&K and ors
......Respondent(s)
Through:
CORAM:
HON'BLE MR JUSTICE ALI MOHAMMAD MAGREY, JUDGE
Petitioners case is that instead of confirming them on the posts against
which they stand appointed by respondent-Bank their tenure is extended on
same terms and conditions having reference to probation and consolidated
salary.
Perusal of the documents enclosed with the writ petition reveals that
the petitioners have been initially engaged on proper selection which not
only confers them right to confirmation but also to payment of the regular
salary, denial whereof as stated by Mr. A.H Naik, learned senior counsel for
petitioners violates their fundamental right guaranteed under Art. 14 and 16
of the Constitution of India.
Mr. A.H Naik, learned senior counsel for the petitioners has referred
to Service Rules called " J&K State Cooperative Bank Service Rules of J&K
State Co-operative Bank Employees Service Rules, 2012" with particular
reference to Rule 15, which has reference to "Fixation of Initial Pay" i.e in
case of a fresh appointee he/she will draw the actual pay not exceeding the
minimum of the time scale attached to the post.
Fresh notice be issued to respondents. In the meanwhile, respondents,
shall consider the confirmation of the petitioners as Assistant Cashier cum
Clerk and till the time the confirmation is made they shall be paid salary of
the minimum pay scale in terms of the aforesaid Rules.
List after service on 14.02.2021.
(Ali Mohammad Magrey)
Judge
Srinagar,
02.12.21
ayaz
Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
...
WP (C ) 3009/2019
Ali Mohammad Naikoo
.......Petitioners
Through: Mr. Hilal Ahmad, adv.
vs
UT of J&K and ors
......Respondent(s)
Through: Mr. Rayees ud din Ganaie, GA
CORAM:
HON'BLE MR JUSTICE ALI MOHAMMAD MAGREY, JUDGE
Despite direction, post retiral benefits in favour of the petitioner are
not released.
Mr. Rayees ud din Ganaie, GA for respondents 1 to 4 shall ensure
release of post retiral benefits in favour of the petitioner by filing compliance
report within two weeks.
List on 23.12.2021.
(Ali Mohammad Magrey)
Judge
Srinagar,
02.12.21
ayaz
Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
...
WP (C ) 2700/2019
Syed Ishfaq Ahamd Qadri,
.......Petitioners
Through: Mr. M.I Qadri, sr. adv with Mr. Naveed, adv.
vs
State and ors
......Respondent(s)
Through: Mr. Sajad Ashraf, GA
CORAM:
HON'BLE MR JUSTICE ALI MOHAMMAD MAGREY, JUDGE
Issue notice.
On asking Mr. Sajad Ashraf, GA waived notice on behalf of Mr. M.A
Chasoo, AAG. Reply within two weeks.
List on 30.12.2021.
(Ali Mohammad Magrey)
Judge
Srinagar,
02.12.21
ayaz
Regular 4
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Swp No. 459/18
Sajad Hussain Darzi
.......Petitioners
Through: Mr. Zubair Ahamd, adv.
vs
State and ors
......Respondent(s)
Through: Mr. B.A Dar, Sr. AAG
CORAM:
HON'BLE MR JUSTICE ALI MOHAMMAD MAGREY, JUDGE
ORDER
1. The grievance projected in this petition relates to the subject(s)
covered by Section 14 of the Central Administrative Tribunals Act, 1985 (CAT
Act). The jurisdiction to hear this petition as a Court of first instance,
therefore, lies with the Central Administrative Tribunal (CAT) constituted
under the provisions of the CAT Act.
2. Accordingly, in terms of Section 29 of the CAT Act, this case is
transferred for further proceedings to the CAT, the Court of first instance,
having its place of sitting at Srinagar. Therefore, the Registrar Judicial is
directed to transmit the record of the petition to the CAT presently holding
sittings at Srinagar, retaining a soft copy thereof.
3. The parties are directed to appear before the Registrar, Central
Administrative Tribunal (CAT), Srinagar Bench on 16.12.2021 for further
proceedings.
Disposed of.
(Ali Mohammad Magrey)
Judge
Srinagar.
02.12.2021
Ayaz
r-1
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Case no. ([WP Cri) No. 33/2020
Hilal Ahmad Dar
...Petitioner
Through: Mr. G.N Shaheen, adv.
vs.
Union Territory of J&K and ors
....respondents.
Through : Mr. Feroz Ahmad Dy AG
Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey.
JUDGMENT
Heard.
Judgment is reserved.
(Ali Mohammad Magrey)
Judge
Srinagar,
02.12.2021
Syed Ayaz Hussain,
Secretary
SYED AYAZ HUSSAIN
2021.12.02 15:05
I attest to the accuracy and
integrity of this document
