SUSHMA GUPTA Vs. STATE OF J&K

JUDGEMENT

(1.) OBJECTIONS on behalf of respondents No.1 and 2 have not been filed. Their right to file the same is closed.

(2.) THE petitioners were employees of Milk Federation which was wound up by the Government on 13 -2 -2004. Pursuant to the Government decision the employees of the Milk Federation were absorbed in the Government Departments, but the petitioners were not absorbed on the ground that they declined to accept absorption. However, being aggrieved of non -absorption in the Government they have filed the instant writ petition seeking the following reliefs: (i) to issue directions to the respondents to absorb/ adjust the petitioners in the Animal and Sheep Husbandry Department/ any other Government Department on the posts of Accounts Assistant and Computer Operator respectively in the grade of Rs. 4000 -6000 and to give similar treatment to the petitioners as has been given to other employees of Milk Federation thereby absorbing/ adjusting them in the Government Departments on the same posts and same grade by issuing writ of mandamus; (ii) to issue directions to the respondents to release the salary of the petitioners for the period from December 2002 till today and to give similar treatment in respect to release of salary as has been given to other employees of Milk Federation and also to pay future salary to the petitioners by issuing writ of mandamus. (iii) To issue directions to the respondents restraining them to adjust the petitioners in the lower grade and restraining them to fill up the posts of Accounts Assistant and Computer Operator respectively in the Animal and Sheep Husbandry Department or any other Government Department by issuing writ of prohibition.

(3.) MRS . Surinder Kour, learned counsel for the petitioner submits that since the petitioners have already been absorbed in a Government Department and have been placed in a particular grade, therefore, reliefs claimed in the writ petition, except the one relating to release of the un -paid salary w.e.f. December, 2002 till date of their absorption stand granted. She submits that the petitioners would be satisfied if the respondents are directed to accord consideration to the case of the petitioners for release of the salary, if any, in arrear w.e.f. Dec 2002 till their absorption on the analogy of other similarly situated employees of the Milk Federation who were also absorbed in the Government Departments.