Subash Chander And Others vs Commissioner State Road ...
2021 Latest Caselaw 1779 j&K

                                                                         Sr. No. 21

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU
CJ Court

Case: LPA No. 126 of 2020

Subash Chander and others                                .....Appellant/Petitioner(s)
                                  Through :- Sh. M Ashraf Wani, Advocate.

                           v/s

Commissioner State Road Transport                                 .....Respondent(s)
Corporation Jammu and others
                                  Through :- Sh. Diwakar Sharma, Dy. AG for R-1.
                                             Sh. M A Bhat, Advocate for R-2&3.

      CORAM:
      HON'BLE THE CHIEF JUSTICE
      HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

                                      ORDER

1. The petitioners/appellants have preferred this appeal against the

judgment and order dated 22.10.2020 whereby the writ petition filed by them

has been dismissed.

2. The petitioners/appellants were all working with the State Road

Transport Corporation, Jammu. They claimed to be entitled to cost of living

allowance/leave salary and some other benefits which were not paid while they

were in service.

3. The petitioners/appellants allege that they were agitating the matter

through the All J&K Workers Union, SRTC which petition was allowed on

20.02.2020 but the petitioners/appellants have been deprived of the benefit of

the said judgment.

4. The writ petition filed by the petitioners/appellants has been dismissed

on the ground of delay and laches observing that the Court by an earlier

judgment has only declared the position of law as it was and as it is but has not

granted any relief to any litigant.

5. In view of the aforesaid facts and circumstances as the

petitioners/appellants were not granted any relief by the Court earlier, the

learned Writ Court has rightly dismissed the writ petition. However, under the

facts and circumstances of the case as similarly situate employees have been

granted the benefit of cost of living allowance/leave salary and other benefits,

it is considered appropriate that the case of the petitioners/appellants in this

regard may be considered by the Commissioner, State Road Transport

Corporation, Jammu in the light of the judgment and order dated 20.02.2010

passed in SWP No. 1147/2016, All J&K Workers Union, SRTC v. State and

others (Srinagar Wing).

6. The appeal is disposed of.

                         (JAVED IQBAL WANI)                   (PANKAJ MITHAL)
                                    JUDGE                      CHIEF JUSTICE
JAMMU
29.12.2021
TILAK