MOHD MUZAFFER JAN Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER by means of this writ petition seeks issuance of writ of Mandamus directing the respondents No.2, Director, Technical Education, Srinagar, not to terminate his services on the basis of the letter dated 26.3.1996 addressed to the Director by Under Secretary to Government, Technical Education Department and allow him to continue to hold the post of Legal Assistant against which he has been appointed on consolidated salary of Rs.1, 000/ - per month.

(2.) RESPONDENT have filed objections stating there in that the petitioner was engaged vide order dated 5.12.1994 on consolidated amount of Rs. 1,000/ - per month to assist the litigation section. His wages were directed to be drawn by debit to State Project Implementation Unit (World Bank Scheme). The petitioner attended duties up to April, 1996 and, thereafter, approached this court by means of this writ petition and this court vide interim order dated 18.6.1996 has directed the continuation of the petitioner. It has been also submitted therein that as per the record of the Department and their muster -sheets, the petitioner was working on muster -sheet basis. A copy of the muster sheet pertaining to the month of July, 1996 has been annexed as annexure. R1 with the objections. The petitioner has absented from the job on his own with effect from 17.7.1996 and thereafter has not discharged the duties. Therefore, he has no claim to the wages onwards thereafter. The scheme by debit to which the wages of the petitioner and other similarly situated candidates were drawn has been closed and no further allocation is available under the scheme for payment of wages.

(3.) HEARD learned counsel for the petitioner.