Governmentof Jammu and Kashmir Home Department Civil Secretariat,J&K, Jammu.

Transcription

1 Governmentof Jammu and Kashmir Civil Secretariat,J&K, Jammu. Subject: - Ref: Order dated passed by the Hon'ble High Court at Srinagar in SWP No. 1316/2017, MP No. 01/2017 titled Wilayat Hussain and others vs. State of J&K and others. Director F&EScommunications i) No. Estt/DF&ES/PP/2017/5735dated ii) No. Estt/DF&ES/PP/2017/1311dated iii) Estt/DF&ES/PP/2018/5253dated iv) Finance Department U.O No. Home/F&ES/68/2017 dated Government Order No. IS -Home of 2019 Dated opj Whereas, the petitioners of. the above titled writ petition were initially appointed in the J&K Police as Constables and on , with the approval of the Competent Authority, 109 police personnel including the petitioners came to be dismissed from the services, on the ground of being immediate and eminent threat to the security of the State; 2. And, whereas, subsequently, 109 police personnel including the petitioners were re-appointed in Fire and Emergency Services Department vide G.O No. Home-132(ISA) of 1999 dated ; 3. And, Whereas, earlier, consequent upon the judgment dated passed in LPA No of 2005 titled State of J&K and others vs. Riyaz-Ud-Din and others by the Hon'ble High Court r/w order dated of the Hon'ble Supreme court in SLP( Civil) Nos /2008 titled Ali Mohammad Malik and others vs. State of J&K and others, in LPA No. 207/2005 and CMP No. 336/2005 of the Hon'ble High Court titledali Mohammad Malik and others \IS. State of J&K and others, vide G.O No Home-342 of 2014 dated , sanction was accorded to the implementation of the aforesaid judgment and it was ordered that the intervening period from the date of compulsory retirement upto the date of adjustment/appointment in the F&ES ( i.e from , , to as the case may be) of 53 petitioners whose names were mentioned in Annexure-A to the above G.O, shall count for notional fixation of pay from time to time without payment of any arrears. It was further ordered that the notional increments shall be taken into account while fixing their pay on their adjustment/appointment in the F&ES and they shall be entitled to the arrears as will accrue to them on account of revised pay from the date of Page 1 of5

2 their adjustment/appointment in the F&ES. It was further ordered that they shall not be paid for the period they have remained out of service and the intervening period including their past service rendered in the Police Department, shall, however, count for the purposes of leave and pension. 4. And, Whereas, subsequently, pursuant to the orders dated passed in SWPNo. 2345/2014, IA No. 3745/2014 titled Abdul Qayoorn Lone and others vs. State and others, dated passed in SWP No. 2328/2014, CMP No. 3694/2014 titled Irshad Ahmad Shah vs State ; dated passed in SWP No. 1968/2000, IA No. 3401/2014 titled Mohammad Hanief Sheikh vs. State; dated passed in SWP No. 894/2005 clubbed with SWP No. 45/2006, 46/2006,47/2006,1307/2005,1308/2005,1309/2005 & 1133/2005 titled Farooq Ahmad Shah and others vs. State; dated passed in SWP No. 54/2006 tilted Farooq Ahmad Mir vs. State, dated passed in SWP No. 568/2005 titled Zeenat Bano w/o Mohd Abdullah Dar vs. State; dated passed in SWP No. 2166/2014, IA No. 3442/2014 titled Mohd Latief Khan and others vs. State; dated passed in SWP No. 1411/2001 titled Mohd Latief Kalla vs. State and dated passed in SWP No. 08/2015 titled Ghulam Mohammad Rather vs. State and others and in continuation of G.O No Home-342 of 2014 dated , vide G.O No. Home-547 of 2015 dated , sanction was accorded to the implementation of the judgment dated passed in clubbed LPA No. 185/2005 titled State of J&K and others vs. Riyaz-Ud-Din and others in respect of 44 petitioners as per Annexure-A to the above Government Order No. 547 of 2015 and it was ordered that the intervening period from the date of compulsory retirement upto the date of adjustment/appointment in the F&ES ( i.e. from , , to as the case may be) of 44 petitioners whose names were mentioned in Annexure-A to the above G.O, shall count for notional fixation of pay from time to time without payment of any arrears on this account. It was further ordered that the notional increments shall be taken into account while fixing their pay on their adjustment/appointment in the F&ES Department and they shall be entitled to the arrears as will accrue to them on account of revised pay from the date of their adjustment/appointment in the F&ES Department. It was further ordered that they shall not be paid for the period they have remained out of service and the intervening period including their past service rendered in the Police Department, shall, however, count for the purposes of leave and pension; 5. And; Whereas, in pursuance to the Cabinet Decision No. 163/13/2015 dated , it was ordered that the left over cases, if any, may be decided by the with the approval of the Hon'ble Chief Minister( Incharge Home); 6. And; Whereas, the petitioners filed a writ petition before the Hon'ble High Court bearing SWP No. 1316/2017, MP No. 01/2017 titled Wilayat Page 2 of5

3 Hussain and others vs. State of J&K and others praying therein that the respondents be directed to consider the case of the petitioner on the same analogy as has been done in respect of 53 petitioners as well as 44 other petitioners who too were the victims of same dismissal order of 1993; 7. And, Whereas, the Hon'ble High Court while considering the matter on was pleased to dispose of the writ petition in the following terms: " Petition, at request, is disposed of with 'a direction to the respondents to accord conslderetion to petitioners claim in light of averments made in the petition; annexures appended thereto and of course rules governing the matter. Respondents while according consideration to the petitioners' claim shall have regard to judgment rendered in SWP No. 894/2005 c/w SWP No. 45/2006 and SWP No. 46/2006 and others provided petitioners are similarly circumstanced as the petitioners' in the above referred petitions. Let such decision be taken by the respondents within six weeks from the date of receipt of copy of this order". 8. And, Whereas, Director, F&ES vide communication.dated , inter-alia, requested the to consider the instant case in light of the judgment of the Hon'ble High Court and the Government order No. 547-Home of 2015 dated ; 9. And; Whereas, the matter after being examined in the Department, vide communication dated , Director, F&ES was requested to furnish his comments with regard to similarity of the petitioners alongwith financial implications involved in implementation of order dated passed by the Hon'ble High Court in SWP No. 1316/2016 titled Wilayat Hussain Goni and others vs. State and others; 10. And; Whereas, in response, Director, F&ES No. Estt/DF&ES/PP/2017/1311 dated intimated that the petitioners are amongst the 109 pollee personnel, who after compulsory retirement from Police Department were re-appointed inf&es vide G.O No. Home-132(ISA) of 1999 dated Director, F&ES further intimated that the implementation of the Hon'ble Court directions in respect of the three officials is similar as that of the" Court orders implemented vide G.O No Home-342 of 2014 dated and No. Home-547-Home of 2015 dated in respect of other such expolice personnel. The financial implications worked out by the Director F&ESare as under: w.e.f 3/1999 to 01/2018 S.No Name of the Designation Financial Remarks 1. official Implications Willayat Divisional Fire Rs 7,30, From 03/1999 Hussain Goni Officer lacs to (Retired) the date of' his Page 3 of5

4 retirement 2. Mohd Sharief Sub Officer Rs 3,59, From 03/1999 Shakar lacs to 01/ Gulshan Nawaz Fireman Rs 3,72, From 03/1999 Sheikh lacs to 01/ And; Whereas, the matter was further examined in the Department and was referred to the Finance Department vide U.O No. Home/F&ES/68/2017 dated for concurrence to the implementation of the order dated passed by the Hon'ble High Court in the instant matter. The Finance Department vide U.O No. A/17(2013)-Partfile-489 dated returned the file with the following advice: n Returned: Finance Department conveys its concurrence to the departmental proposal subject to the conditions that the instant case is similarly situated to the cases decided vide judgment SWP No. 894/2005, SWP No. 45/2006 and SWP No. 46/2006. The Department shall also seek the approval of Competent Authority before issuinq formal orders. " 12. And; Whereas, on receipt of concurrence of the Finance Department, the matter was placed before the Competent Authority for implementation of the judgment dated' passed in SWP No. 1316/2017, MP No. 01/2017 titled Willayat Hussain Goni and others vs. State of J&K and others and release of benefits in their favour on the analogy of the petitioners who had been granted such benefits vide G.O No. Home-342 of 2014 dated and G.O No. 547-Home of 2015 dated , which was approved by the Competent Authority; 13. Now, therefore, in pursuance of the Hon'ble High Court order dated passed in SWP No. 1316/2017, MP No. 01/2017 titled Willayat Husain Goni and others vs. State of J&K and others and in continuation of G.O No. Home-34 of 2014 dated and G.O No. Home-547 of 2015 dated , sanction is hereby accorded to the implementation of the order dated passed by the Hon'ble High Court in the aforetitled case in respect of following three petitioners:- S.No Name of the official Designation 1. Willayat Hussain Goni Divisional Fire Officer (Retired) 2. Mohd Sharief Shakar Sub Officer 3. Gulshan Nawaz Sheikh Fireman Consequent upon the above, it is hereby.ordered that the intervening period from the date of compulsory retirement upto the date of adjustment/appointment in the F&ES (i.e from 03/1999 to , 03/1999 to 01/2018 and 03/1999 to 01/2018, respectively, shall count for notional fixation of pay from time to time without payment of any arrears on this account. Further, the notional increments shall be taken Page 4 of5

5 into account while fixing their pay on their adjustment/appointment in the F&ES Department and they shall be entitled to the arrears as will accrue to them on account of revised pay from the date of their adjustment/appointment in the F&ES Department. They shall not be paid for the period they have remained out of service and the intervening period including their past service rendered in the Police Department, shall, however, count for the purposes of leave and pension. By order of the Government of Jammu and Kashmir. Sd/- (R.K Goyal), IAS Principal Secretary to Government No. Home/F&ES/68/2017 Dated: - O~ Copy to the:- 1. Principal Secretary to Hon'ble Governor, J&K. 2. Principal Secretary to Government, Finance Department. 3. CommiSSioner/Secretary to the Government, General Administration Department. 4. Director, Fire and Emergency Services, J&K, Jammu. 5. Special Secretary to Chief Secretary for information of the Chief Secretary. 6. Director, Archieves, Archaeology and Museums, J&K. 7. Private Secretary to Principal Secretary to the Government, Home.Department ~charge website. 9. Government orders file (w.2.s.c). 10. Stock file. ' -====== ~. oi ~:J 11 k(rashid ~ Raina KAS Under Secretary to the Government, Page 50f5