STATE OF J&K Vs. BASANTI DHAR

JUDGEMENT

(1.) THE respondent 1 to 69, were writ petitioners in Writ petition No. 1260/93, presented before this Court. In common the case of the writ petitioners was that they had been working as Angan Wari Workers in the state of J&K, to be with accepting an honorarium. It is stated that later on this amount of honorarium came to be consolidated by an order made by the Government of J&K. A copy of this order of the Government consolidating the amount of honorarium into salary, has not been produced in the appeal. They moved a writ petition" seeking writ of Mandamus invoking the provisions of Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu & Kashmir, for the reasons set out in the grounds of writ petition. The writ petitioners made a common prayer seeking interim relief in regard to arrears of the so -called salary pending consideration of the writ petition.

(2.) THE learned Single Judge at the time of issuing notice made an order on 27.6.1996 as follows: - "Till the matter is finally decided, the petitioners cannot be made to starve since it is pointed out by Shri P.N. Goja, learned counsel for them that the .petitioners are without salary for the post six years. This is rather surprising that these employees have been made to suffer in such a manner. How are they and their families surviving without salary? Therefore, it is directed that the petitioners be paid their salary from June 1996 regularly by respondent 2 through respondent 4 during the first week of each month. Past arrears of salary be paid within two months." It is this order that is called into question in this appeal by the State/appellants, on more than one ground.

(3.) MR . Shukla, learned Govt. Advocate, urged that the order under appeal made by the learned Single Judge is as if he has allowed the writ petition. Indeed Mr. Shukla was right to say that looking at the main prayer of the writ petition presented by these 69 persons the common prayer made therein is that the Honble Court be pleased to issue writ of -Mandamus to respondent -State to pay them the honorarium and arrears.