ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) PETITIONER seeks to quash order No. 940 -41 /SDD dated: 15 -11 -2000 issued by the respondent - 4 whereby he has directed stoppage of increments of the petitioner. He further seeks writ of mandamus directing the respondents not to recover the amount of increments disbursed to him.

(2.) THE petitioner has averted in the petition that by virtue of Forest Order No. 95 dated: 03 -11 -1995, the petitioner came to be appointed as Range Officer, Grade -I on adhoc basis for a period of six months. Alongwith the petitioner, 49 other candidates also came to be appointed for the same period. The petitioner and the other appointed candidates apprehending their ouster earlier also approached this court by SWP No.450/96 and SWP No. 109/96. How ever, Letters Patent Bench in LPA No. 91/96 directed the continuance of the petitioners as Range Officers Grade -I till the selection is made. Increments during adhoc period of their service have been drawn and disbursed to the petitioners. The respondents vide impugned order have directed the recovery of the amount of increments from the petitioner being not entitled to the same as an adhoc employee.

(3.) IMPUGNED order has been challenged on the grounds that the petitioner was working on the strength of his appointment and subsequently continued on the basis of the interim direction of the court. The increment is a part of pay and cannot be withdrawn. He has relied upon Regulations 27 and 72 of the Jammu and Kashmir Civil Service Regulations.