BABOO KHAN Vs. STATE OF J AND K

JUDGEMENT

(1.) The petitioner seeks a writ of Mandamus or any other writ or direction for payment of the salary of the petitioner from 1st June, 2004 till date. Pursuant to an interim order passed by this court dated 21st May, 2007, the respondents were directed to release 50% of the salaries due and payable to the petitioner from 1st June, 2004.

(2.) The respondents have opposed the payment of salary from 1st June, 2004 on the ground that the petitioner was appointed as a driver by order No.164-KRC/04 dated 24th September, 2004 in compliance of the order dated 28th May, 2004 passed by this court in CCP No. 174/2001 arising from CWP No. 5590/1993.

(3.) While passing the order dated 28th May, 2004, this court had noticed that an offer was made by respondents as recorded in the order dated 26th October, 1998 stipulating that the respondents shall offer an alternative job to the petitioner which will carry same pay-scale and same qualifications.