Ab. Rehman Shah And Others vs Union Territory Of Jk And Others
2021 Latest Caselaw 307 j&K/2

                                                                                                  S. No. 124
                                                                                                  Admission

                                 HIGH COURT OF JAMMU AND KASHMIR
                                             AT SRINAGAR
                                              WP (C) no. 352/2021 c/w
                                             i)   WP (C) no. 260/2021
                                            ii)  WP (C) no. 2016/2020
                                            iii) WP (C) no. 2046/2020


        Ab. Rehman Shah and others
                                                                                          .... Petitioner(s)
                                     Through:                Mr Gulzar Ahmad bhat, Advocate
                                                             V/s
        Union Territory of JK and others
                                                                                        ... Respondent(s)
                                     Through:                Mr Jahangir Iqbal, Sr. Advocate with
                                                             Ms Humaira Shafi, Advocate
                                                             Mr T. M. Shamsi, ASGI
                                                             Ms Saba Gulzar, Assisting Govt. counsel
     CORAM:
                               Hon'ble Mr Justice Ali Mohammad Magrey, Judge
                                                        ORDER

10.03.2021

Orders impugned in the writ petitions issued by the Director, Agriculture Kashmir Dated 17.2.2021, in terms whereof the petitioners stand disengaged as daily rated workers have been challenged.

Learned counsel for the petitioners submits that the disengagement is purportedly based on the judgment dated 03.12.2012 passed by this Court in SWP no. 983/2009 titled Nazir Ahmad Magrey and others v. State of JK and others read with judgment dated 23.05.2019 and contempt petition, CPSW no. 165/2013 c/w CPSW no. 164/2013 titled Javid Ahmad Khan and others v. State and others, is factually incorrect, therefore, legally unsustainable. He has invited attention of the court to the judgments reference whereof is made in the impugned order to vindicate his stand.

Prima facie the court is of the view that there is no direction of the disengagement passed by this Court in terms of the judgments referred to in the impugned order.

Notice.

Notice in CM also. In the meanwhile, subject to objections of other side the present position of the petitioners be maintained. They shall be allowed to continue and paid the legitimately earned salary also.

List on 29th May, 2021.

WP (C) nos. 2016/2020 and 2046/2020 Mr Gulzar Ahmad Bhat, Advocate for petitioners. Mr Jahangir Iqbal Ganai, Sr. Advocate with Ms Humaira, Advocate The writ petitions being different shall be delinked and listed separately on 1 st May, 2021. Reply be filed by or before the next date.

(Ali Mohammad Magrey) Judge Srinagar 10.03.2021 Amjad Lone PS AMJAD AHMAD LONE 2021.03.15 18:12 I attest to the accuracy and integrity of this document