MOHAMMAD YOUNIS KHAN Vs. STATE

JUDGEMENT

(1.) IT is averred in this petition that petitioner came to be appointed vide order No. 8 of 1997 dated 10.7.1997 against the post of Forest Protection Guard in the grade of Rs. 950 -1400 plus usual allowances. He joined and came to be posted with Deputy Director, Forest Protection, Srinagar, in terms of annexure -P3. Thereafter, he was deputed for obtaining training vide order No. 65 of 1997 dated 09.10.1997 and directed to report to Principal, Forest Training School at Chatternar Bandipora. Petitioner is figuring at sr. No. 7 in the said order. He reported Principal, Forest Training School and undergone the basic training course. Respondent No. 2 issued order No. 927 -34/L/I/99 dated 31.05.1999 in which he is figuring at sr. No. 40 whereby and whereunder the employees figuring in annexures A and B were repatriated back to the Forest Department along with posts -anneuxre P6. Petitioner made representation which came to be allowed and accordingly respondent No. 3 posted the petitioner at Sindh Forest Division. Thereafter, salary of petitioner came to be stopped without assigning any reasons. Petitioner approached respondents for release of salary but no satisfactory reply was given by them for withholding the salary which constrained the petitioner to file this writ petition and sought writ of certiorari quashing the impugned communication No. CCF(K)Estt/2003/241/45 dated 15.01.2003 issued by respondent No. 3 and commanding the respondents to release the withhold salary.

(2.) RESPONDENTS appeared and filed reply. It is profitable to reproduce the relevant portion of the reply herein, which read as under:

(3.) THIS case came up before this Court and was partly heard on 14th July, 2006 and was kept on Board for addressing further arguments. But on next day the office bearer reported that writ petition could not be traced and accordingly the file came to be reconstructed in terms of the orders of the Hon'ble Chief Justice.