Pension | Employees Of Different Institutions Cannot Claim Parity In Service Merely Because Both Are Funded From Same Source: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that employees of two different institutions cannot claim parity in service conditions merely because both are funded from the same source.Justice Sanjay Dhar made this observation while dismissing a batch of writ petitions filed by serving and retired employees of J&K Sainik School who had sought extension of pensionary benefits on...

Migrant Status Cannot Dilute Career Progression Once Eligibility Is Met: J&K&L High Court Upholds Retrospective CAS Promotions

The Jammu & Kashmir and Ladakh High Court has firmly held that migrant status cannot be used to dilute career progression once eligibility for promotion is established under statutory rules.Dismissing an appeal filed by Sher-e-Kashmir University of Agricultural Sciences and Technology (SKUAST), Kashmir, a Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal upheld...

Contractor Not Responsible For Dept's Failure To Obtain Administrative Approvals; Govt Must Clear Admitted Dues: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has emphasized that it is not the job of a contractor to ensure that all administrative approvals, technical sanctions, or legal formalities are completed before undertaking contractual obligations.Justice Rajesh Sekhri underlined that it is the responsibility of the concerned department to clarify how work was executed in the absence of...

Umadevi Judgment Not A Shield For Perpetual Temporary Employment: J&K HC

A Division Bench of the Jammu and Kashmir High Court comprising Chief Justice Arun Palli and Justice Rajnesh Oswal held that daily rated worker engaged prior to 31-03-1994 and continuously employed for decades cannot be denied regularization under SRO-64 on the pretext of being a casual labourer. Further, the Umadevi Judgment cannot be invoked to justify perpetual temporary employment...

Dismissal Of Appeal As Withdrawn Not Compromise Decree Unless Court Passes Decree Under Order 23 Rule 3 CPC: J&K&L High Court

The Jammu & Kashmir High Court held that an appellate order dismissing an appeal as withdrawn does not amount to a compromise decree merely because a written compromise was placed on record, unless the court records its satisfaction and passes a decree in terms of the compromise as required under Order XXIII Rule 3 of the Code of Civil Procedure.A bench of Justice Sanjay Dhar set aside...

J&K&L High Court Flags Inaction On Cancer Care Facilities, Urges Action To Fill Shortage Of Oncologists & PET Scan Machines

In order to address the long standing deficiencies in cancer treatment facilities in Jammu and Kashmir, the Jammu and Kashmir and Ladakh High Court, has issued stern orders demanding urgent compliance from the authorities. The Court's orders come after repeated delays and non-compliance despite earlier directives aimed at providing better healthcare for cancer patients.After reviewing...

Proof Of Occurrence Crucial, Victim's Minority Cannot Rescue Doubtful Prosecution: J&K&L High Court Acquits Gang Rape Accused

The Jammu & Kashmir and Ladakh High Court has ruled that where the prosecution fails to prove the very occurrence of the alleged crime through clear, cogent and uncontradictory evidence, the minority of the alleged victim cannot be invoked as a fallback to sustain conviction.While reiterating that consent of a minor is legally irrelevant in a rape prosecution, the Court cautioned that such...

Courts Must Be Judicious While Granting Interim Relief In Matters Involving Public Infrastructure & Welfare Schemes: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has flagged delays that stalled the establishment of the Aishmuqam Degree College for more than a decade, resulting in what the Court described as “avoidable hardship” and “educational loss” to successive batches of students.A bench of Justice Wasim Sadiq Nargal cautioned that “Courts must remain judicious and miser in granting...

“13 Yrs Lost To Administrative Paralysis”: J&K&L High Court Slams Govt For Delay In Establishing Degree College In Pahalgam Constituency

The Jammu & Kashmir and Ladakh High Court, in a powerfully worded judgment, expressed deep anguish over more than a decade of administrative indecision that prevented the establishment of a sanctioned Government Degree College in the Pahalgam constituency.Justice Wasim Sadiq Nargal held that the combined effect of prolonged inaction, contradictory official communications, and the...

No Parallel Proceedings; Revenue Authorities Should Step Aside Once Civil Court Takes Up Dispute: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that revenue authorities cannot run concurrent proceedings once a civil court has already seized a dispute. Court noted that this principle was violated in a Kupwara land-pathway dispute where both sides simultaneously sought remedies before different forums.Justice Wasim Sadiq Nargal, while dismissing a writ petition filed by one...

J&K&L High Court Slams 82-Year-Old 'Habitual Litigator' For Abusing Legal Process; Dismisses Plea With ₹2 Lakh Costs

The High Court of Jammu & Kashmir and Ladakh has dismissed a plea filed by an 82-year-old Attorney Holder Abdul Gani Bhat, imposing ₹2 lakh exemplary costs while warning that his conduct of filing habitual pleas poses a serious threat to the administration of justice.The judgment, authored by Justice Vinod Chatterji Koul, opened by recording that the petitioner has become “a...

SARFAESI Act | Borrower's Right To Redeem Secured Asset Ends With Publication Of Auction Notice: J&K&L High Court

Reaffirming of the legal bar under the amended Section 13(8) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the High Court of Jammu & Kashmir and Ladakh has held that a borrower's right to redeem a secured asset stands extinguished the moment the Auction Notice is published, if dues are not cleared before such...