Pension Is A Property Under Article 31(1), Any Interference With It Violative Of The Constitution: J&K High Court

Protecting the pension rights of a retired Sanitary Inspector the Jammu and Kashmir and Ladakh High Court has reiterated that pension a hard-earned benefit which accrues to an employee, constitutes “property” under Article 31(1) and any interference will be a breach of Article 31(1) of the Constitution.Deciding a plea involving questions of the pensionary rights of an employee a bench...

Excess Salary Paid Due To Wrong Interpretation Of Rules Can't Be Taken Back From Retd Employee: J&K High Court Quashes Recovery Order

Quashing a recovery order passed by the Srinagar Development Authority (SDA) directing a retired employee, Mohammad Ramzan Tantray, to return the excess amount paid due to a mistake in his pay scale upgrade the Jammu and Kashmir and Ladakh High Court today ruled that recovery of excess amount paid to an employee due to a mistake or wrong interpretation of rules cannot be made.In allowing his...

'Antithetical To Public Interest': J&K High Court Modifies Interim Order Which Halted Construction Projects Having Implications On National Security

Vacating an interim order that had stalled key construction projects, the Jammu and Kashmir and Ladakh High Court has reiterated that judicial intervention in government contracts should be limited, prioritizing public interest.The projects, including the construction of the IRP Battalion Headquarters in Kishtwar and the Anti-Corruption Bureau Office in Doda, were held up due to a dispute...

Jammu and Kashmir and Ladakh High Court Weekly Roundup May 6 - May 12, 2024

Nominal Index:Mohd. Sadeeq vs State of J & K 2024 LiveLaw (JKL) 106Jaswant Singh Vs State Of J&K 2024 LiveLaw (JKL) 107Mysar Jan Vs J & K HANDICRAFTS & ORS 2024 LiveLaw (JKL) 108Gulshan Kumar Vs U.T. of Jammu & Kashmir 2024 LiveLaw (JKL) 109Naseer Ahmad Vs Union of India 2024 LiveLaw (JKL) 110Mst Khalida Vs Financial Commissioner (Revenue) 2024 LiveLaw (JKL) 111Jasvinder...

Courts Have Discretion To Condone Delay Even Without Formal Application Under Section 5 Of Limitation Act: J&K High Court

The Jammu and Kashmir and Ladakh High Court has established that courts have the discretion to condone delay in bringing legal heirs on record, even without a formal application under Section 5 of the Limitation Act.In upholding a trial court order of condoning delay without a formal application to that effect Justice M A Chowdhary observed,“Although, it is the general practice to make a...

Mere Participation In National Games, Regardless Of Position & Performance Does Not Guarantee Sports Quota In Educational Institutions: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has ruled that simply participating in National or International level sports competitions doesn't entitle a person to reservation under the J&K Sports Policy.Citing various provisions of J&K Sports policy a bench of Justice Rajesh Sekhri clarified,“A plain reading of clause 6.3.4, on first blush would indicate that mere participation...

High Court's Jurisdiction Under Article 226 Of Constitution Much Beyond Confines Of Mere Administrative & Executive Review: J&K High Court

Underscoring the expansive jurisdiction of Article 226 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has ruled that the jurisdiction granted to Courts under the said Article is not restricted only to the review of the administrative actions and executive decisions of the State in the light of the extended applicability of the "doctrine of promissory...

Central Govt Notifies Appointment Of Justice Wasim Sadiq Nargal As Additional Judge Of J&K High Court

The Central Govt has notified the appointment of Justice Wasim Sadiq Nargal as an Additional Judge of the High Court of Jammu and Kashmir and Ladakh for a fresh term of one year.A notification issued to this effect reads,“In exercise of the power conferred by clause (1) of Article 224 of the Constitution of India, the President is pleased to appoint Justice Wasim Sadiq Nargal, Additional...

Departmental Enquiry Can't Be Sustained Against Employee Once FIR On Same Set Of Allegations Already Stands Quashed: J&K High Court

Quashing departmental proceedings initiated against an employee, Jasvinder Singh Dua, Ex Managing Director (Under Suspension) of J&K Handicrafts (S&E) Corporation the Jammu and Kashmir and Ladakh High Court has ruled that once an FIR against an employee is quashed by the court, departmental inquiries based on the same set of allegations cannot be pursued.In allowing his plea Justice...

J&K Land Revenue Act | Financial Commissioner's Suo-Moto Power Conditional On Hearing, Can't Modify Orders Without Giving Opportunity To Parties: High Court

Underlining the Financial Commissioner's power to exercise suo-moto revision in a land dispute case under the J&K Land Revenue Act 1996 the Jammu and Kashmir and Ladakh High Court has ruled that while the Commissioner has this authority, it cannot be used to bypass the principles of natural justice, which require a party to be heard before an order affecting their rights is reversed...

[BSF Rules 1969] Necessary For Competent Authority To Record Satisfaction Before Ordering Dismissal By Resorting To Rule 22(2)

Emphasising the paramount importance of adhering to procedural safeguards, particularly in cases concerning the dismissal of personnel from the Border Security Force (BSF) the Jammu and Kashmir and Ladakh High Court has reiterated the necessity of recording a satisfaction by the competent authority before resorting to Rule 22(2).Rule 22(2) of the Border Security Force (BSF) Rules pertains to...

Deficiency Of Not Submitting Application For Condonation Of Delay While Filing Appeal Is Curable, Such Application Can Be Made Subsequently: J&K High Court

Reaffirming the rights of aggrieved parties to appeal against court decisions the Jammu and Kashmir and Ladakh High Court has established that a technical deficiency in an appeal, such as the absence of an application for condonation of delay, can be cured.Shedding light on the intricacies of legal procedures on the subject, particularly concerning the necessity of condoning delays in...