R N SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) THE appellant in this appeal was sent on deputation. An order to this effect was issued being order No. 216/ME of 1987 dated 26 -06 -1987. He was to join with Sher -i -Kashmir Institute of Medical Sciences, Soura, Srinagar. It is not in dispute that the appellant in fact had joined there. What is in dispute is as to whether he is entitled to deputation allowance or not. The case of the appellant before a learned Single Judge of this court was that as he was sent to an orgainsation which was not a State department, therefore, he was entitled to deputation allowance. As per him the bar of R -52 (D) of the Jammu & Kashmir Civil Service Regulations would be attracted only if he was sent on deputation from one Government department to another. The Sher -i -Kashmir Institute of Medical Sciences was not held to be a Government department. It was on this reasoning the learned Single Judge of this court allowed the writ. It was concluded that the appellant was entitled to deputation allowance. The fact that Sher -i -Kashmir Institute of Medical Sciences is an independent organisation is being disputed by the learned counsel appearing for the State. The appellant in pursuance of the judgment given by this court was paid the difference of salary in September, 1996. He has come to this Court. He seeks payment of interest. This is the subject matter of appeal preferred by him. This bears No. LPA (SW) No. 171/1995.

(2.) THE State is also feeling aggrieved against the judgment given by the learned Single Judge. It is urged -

(3.) THE learned counsel for the appellant has also urged that had he been working with the State Government, then he would have been permitted private practice. This is not being allowed to a Doctor who is working in the said Institute.