JAGDISH RAJ Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has filed the instant writ petition for issuance of a direction to the respondents to pay the honorarium to the petitioner in terms of the Government order No. Home-889 of 2019 dtd. 4/8/2019 along with interest and other consequential benefits.

(2.) It is stated that the petitioner was engaged as SPO on 5/10/1998 and thereafter, he was disengaged by the respondents vide order No. SPO/Dis/08/172-80 dtd. 11/3/2008. The petitioner challenged the said order before this Court and this Court vide order dtd. 17/9/2010 set aside the order dtd. 11/3/2008 and directed the respondents to reinstate the petitioner. Order of the Single Judge dtd. 17/9/2010 was assailed by the respondents in appeal bearing LPA No. 58/2011. The said appeal was dismissed by the Division Bench vide judgment dtd. 14/11/2011 and the petitioner was reinstated into service vide order dtd. 19/12/2012. Simultaneously, the respondents ordered departmental enquiry against the petitioner regarding unauthorised absence of the petitioner. The respondent No. 3 vide order dtd. 20/1/2013 treated the period of absence of the petitioner with effect from 08/2017 to 02/2008 as on duty and it was further ordered that honorarium of the aforesaid period be drawn and disbursed in favour of the petitioner. Thereafter, the petitioner again approached this Court by way of writ petition bearing SWP No. 2097/2014 seeking regularization of his service and other reliefs. The said writ petition is still pending disposal before this Court.

(3.) The respondents issued the Government order No. Home-889 of 2019 dtd. 4/8/2019, whereby honorarium payable to the SPOs, has been enhanced. The SPOs, who have completed 15 years of service, are entitled to Rs.18,000.00 per month as honorarium. The petitioner claims to have made representation to the respondents that he be paid honorarium in terms of the Government order No. Home-889 of 2019 dtd. 4/8/2019 as he has completed 22 years of service as SPO in the Police Department. As the respondents did not pay the honorarium in terms of the aforesaid Government order, the petitioner filed the present writ petition on the ground that he has completed 22 years of service as SPO in the Police Department, as such, he cannot be denied the benefit of Government order No. Home-889 of 2019 dtd. 4/8/2019.