ASHIQ HUSSAIN DAR Vs. UNION TERRITORY OF JK

JUDGEMENT

(1.) The precise case set up by the petitioners is that they are working as Class-IV employees in the respondent Department on substantive basis from the last 15 years. It is stated that a controversy regarding the correct allotment of General Provident Fund (GPF) Computer Code numbers of Class-IV employees working in the offices of the Block Medical Officers, under the control of respondent No.5, was raised by the respondent No.4 vide communication dated 22nd of January, 2018. The said communication, as stated, advised that the GP fund contribution of the employees in question, till further instructions, may be stopped. This communication was followed by another letter dated 30th of January, 2018 directing the respondent No.5 for stoppage of salary of the Class-IV employees mentioned in letter dated 29th of January, 2018. The petitioners plead that since the necessary enquiry regarding correct allotment of the GP Fund Computer Code numbers is pending before the respondents and has not been concluded, therefore, the respondents could not have proceeded to withhold the salary of the petitioners since the month of December, 2017, that too, without issuing any formal order to the petitioners. It is contended that the petitioners are continuing to discharge their duties uninterruptedly at their respective places of posting, however, their salary is not being released without there being any rhyme or reason. The petitioners claim that despite they having approached the respondents repeatedly, their salary was not released constraining them to approach this Court through the medium of writ petition bearing SWP No.2648/2018, wherein they prayed for the grant of following relief(s) in their favour:

(2.) When the matter came up for consideration on motion hearing, i.e., 16th of November, 2018, this Court, while issuing notice to the respondents, directed the respondent No.3 to ensure release of withheld salary of the petitioners in accordance with the rules governing the field. When the respondents did not implement the said order passed by this Court, the petitioners filed contempt petition bearing CCP(S) No.402/2019 for seeking implementation of the same. In the said contempt petition, on notice having been issued, the respondents filed a compliance report on 4th of February, 2020, annexing therewith order No. 381-NG of 2019 dated 29th of August, 2019 issued by the Director, Health Services, Kashmir, whereby the claim of the petitioners has been rejected. It is this order dated 29th of August, 2019 that has been assailed by the petitioners in WP(C) No.742/2020. In that view of the matter and in order to set the records straight, the earlier petition filed by the petitioners, being SWP No.2648/2018 as also the contempt petition bearing CCP(S) No.402/2019 have, thus, turned infructuous, therefore, both these matters shall stand disposed of as such. That being so, this Court is, now, left to decide only WP(C) No.742/2020 whereby challenge has been thrown by the petitioners to order dated 29th of August, 2019 rejecting their claim for release of salary.

(3.) Objections stand filed on behalf of the respondents, resisting and controverting the averments made by the petitioners in their petition. It is stated that as per the records available in the Department, the District Fund Officer, Bandipora, identified 129 Class-IV employees, including the petitioners herein, who were drawing salary from the Medical Blocks, Hajin; Bandipora; and Gurez of District Bandipora, but were holding fictitious GP Fund Account numbers as the same did not match with the record of the District Fund Office, Bandipora. Consequently, as stated, the Chief Medical Officer, Bandipora, was instructed to withhold the salary of all the said 129 Class-IV employees. The respondents contend that in order to conduct an enquiry into the matter and to take further course of action, an Inquiry Committee was constituted vide order dated 3rd of February, 2018, besides, the matter was also referred to Crime Branch, Kashmir, as is evidenced by communication dated 10th of May, 2018 for further investigation. It is pleaded that, thereafter, in terms of Government order No. 672-HME of 2018 dated 7th of December, 2018, the Administrative Department separately constituted a designated committee with the task to look into the matter in the backdrop of report of the District Fund Office, Bandipora, regarding possession of fictitious GP Fund Account numbers by 129 persons working as Class-IV employees in the three Medical Blocks, viz. Hajin; Bandipora; and Gurez of District Bandipora. It is further submitted that during the course of investigation conducted by the Crime Branch, Kashmir, it came to fore that all the said 129 Class-IV employees of District Bandipora possess fictitious GP Fund Account numbers with allotted Computer Code 7501 and that these persons have managed their appointments fraudulently through a well-knit criminal conspiracy in league with some officers/ officials of the Department. The respondents have proceeded to state that the Departmental Inquiry is still going on in the matter in order to ascertain the genuineness or otherwise of the appointment of the petitioners as well as that of the other similarly circumstanced Class-IV employees, besides, to identify the officers/ officials, if any, found involved for facilitating such appointment orders to these persons. It is also informed that the Crime Branch, Kashmir, has also registered a criminal case in the matter and has started further investigation. In this context, the respondents have prayed that the petition of the petitioners deserves to be dismissed.