Minakshi Sharma vs Farooq Ahmad And Another
2024 Latest Caselaw 2020 j&K

Jammu & Kashmir High Court

Minakshi Sharma vs Farooq Ahmad And Another on 5 October, 2024

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                                          Sr. No. 22

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU
Case: CPSW No.749/2017

Minakshi Sharma                                                      ..... Petitioner(s)

                      Through :- Mr. Anirudh Sharma, Advocate

                 Vs

Farooq Ahmad and another                                           .....Respondent(s)

                      Through :- Mr. Sumeet Bhatia, GA for R-1.

          CORAM:
          HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
                                      ORDER

05.10.2024

1. Pursuant to order passed on 20.09.2024, respondent No.1 has filed the

affidavit. However, the same is not on record. Registry is directed to trace out and

place the same on record.

2. The contention of the petitioner is that in terms of the judgment of the

Writ Court while she has been granted appointment with retrospective effect from

the date when his junior was appointed but she has been paid the salary only from

the date when she has actually joined the service and as such the judgment of the

writ Court has been observed in breach.

3. Learned counsel appearing for the respondent No.1 has submitted that

the petitioner could be paid salary only from the date she actually joined the

service and not from the retrospective date when she was not actually working

4. The issue whether or not non-payment of salary to the petitioner for the

period for during which she has not actually worked with the respondents would

amount to willful disobedience of the judgment of the writ Court, is required to be

determined in this case.

5. The petitioner will address the arguments on the above issue on the

next date of hearing.

6. List this matter for consideration on 08.11.2024.

(SANJAY DHAR) JUDGE

JAMMU 05.10.2024 Shammi