ABDUL RAHIM SHOLLA Vs. CHAIRMAN CUM MANAGING DIRECTOR

JUDGEMENT

(1.) By virtue of instant review petition, petitioner is seeking review of the judgment and order dated 03.10.2018 passed by this Court in an intra Court appeal bearing LPASW No. 247/2017. In the aforesaid Letters Patent Appeal, challenge was thrown to a judgment and order dated 06.07.2017 passed by learned Single Judge in SWP No. 2201/2011 titled Abdul Rahim Sholla vs. Chairman Cum Managing Director and others. (A) Background facts:

(2.) Initially the review petitioner had filed a writ petition bearing SWP No. 51/2004 whereby he had sought issuance of a Writ of Certiorari for quashing the action of respondent Insurance Company in reducing his salary with a Writ of Mandamus directing the respondents to release all the withheld amount of salary, increments and allowances. The petitioner had also challenged General Insurance (Rationalization of Pay Scales and other Conditions of Service of Development Staff) Scheme under which the reduction in salary and allowances etc. of the petitioner had been effected.

(3.) The learned Writ Court vide its judgment dated 26.03.2010, while upholding the vires of the aforesaid scheme, directed the respondent Insurance company to reconsider the case of the petitioner and take a fresh decision in view of the observation of the Writ Court that the action of the respondent company to deprive the petitioner of non-core allowance and order him to suffer decrements in the facts of circumstances prevailing in the Valley at the relevant time, was arbitrary and unreasonable.