UNIVERSITY OF KASHMIR SRINAGAR Vs. H L WARIKOO

JUDGEMENT

(1.) There is no appearance on behalf of the appellants.

(2.) While admitting this appeal on 17.3.2006, the Division Bench of this Court observed that it was prima facie of the opinion that the High Court of Jammu and Kashmir alone had territorial jurisdiction in the matter. Accordingly, it stayed the operation of the impugned judgment dated 13.1.2006 of the learned Single Judge by which WP(C) 6828/2002 filed by the Respondent No.1 was allowed.

(3.) The facts leading to the filing of this appeal are that the Respondent No.1 was employed in the Appellant No.1, University of Kashmir, Srinagar ('University') as a Lecturer in Mathematics on 31.10.1962. He was thereafter promoted to the post of Reader with effect from 1.1.1983. On account of the precarious law and order situation in the Kashmir Valley, the Respondent No.1 had to flee Srinagar some time in August 1990 leaving behind his home, and all his belongings. A large number of similarly placed persons thus became internal refugees seeking shelter in various cities in the neighbouring States. Delhi, being a megapolis, witnessed an influx of a large number of such Kashmiri internal migrants. Acknowledging the problem faced by its employees, including Respondent No.1 herein, the appellant No.1 took a decision some time in May 1991, on the lines of a similar decision of the Government of Jammu and Kashmir, to authorise the Resident Commissioner of the Jammu and Kashmir at New Delhi, Respondent No.2 herein, to release the monthly pay to the employees of the University. Accordingly the Respondent No.1 started getting his salary from the Office of Respondent No.2 herein from May 1991 onwards.