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Judgment
Gita Mittal, CJ
On 3rd October, 2019, this Court passed the following order:
"1. This writ petition was filed by the petitioners in the year 2005, seeking quashing of letter dated 9th December, 2004 issued by the Additional Secretary to Government Health and Medical Education Department, rejecting the petitioners representation for release of salary.
The petitioners were appointed by the Sher-i-Kashmir National Medical Institute as employees on different posts and later they have been transferred to the Kashmir Nursing Home.
Objections have been filed on 14th February, 2006 (page 34) wherein it is stated that the respondents offered to the petitioners the golden handshake scheme which was not accepted by them and they continued to remain the employees of the Kashmir Nursing Home.
It is submitted that the Government vide order dated 22nd July, 2003, took over the possession and management of the Kashmir Nursing Home, Gupkar Road besides the Sher-i-Kashmir National Medical Institute with all its management.
The said order has been challenged by the Trustees of the Kashmir Nursing Home by the medium of writ petition bearing OWP No. 468/2003 which was finally decided on 7th June, 2005 upholding the legality of the Government order dated 22nd July, 2003.
The petitioners claim that in view of the stand taken by the Government they are not being paid the wages after the takeover despite repeated request.
The petitioners have claimed that their employment stands verified by a certificate dated 22nd July, 2004 issued by the Vice Chairman of the Trust.
The respondents have denied the salary and entitlement of the petitioners by a letter dated 9th December, 2004.
The respondents have also denied that the petitioners had any claim for the salary from the Government.
It has also been denied that the Government has taken over the Trust.
This communication has been challenged by the petitioners, who have also sought release of salary in view of the Government order dated 22nd July, 2003.
The respondents have filed objections on 14th February, 2006, inter- alia, stating as follows;
"9. Para 9 is denied. It is submitted that possession and management of the Kashmir Nursing Home has been taken over by the Government but there is no decision for taking over all the employee of the Sher-i-Kashmir National Medical Institute Trust.
In reply to Para 10, it is submitted that petitioners as per averments made in the writ petition, are the employees of Sher-i-Kashmir National Medical Institute and are not the employees of the Government therefore, the question of payment of wages and salary does not arise.
In response to Para 11, it is submitted that the petitioners have been apprised about the decision of the Government that the Govt. has not taken over the management of the Trust and if claim for payment of their salary, same shall be projected before the Trust's management which exists for all practical purposes.
(b) That contentions raised in this ground are factually incorrect and legally not sustainable, as such ground is denied.
(c) In reply to ground (c), it is submitted that the Government has not taken over the management of the Sher-i-Kashmir National Medical Institute Trust (SKNMIT) along with all assets but only has taken over the management and possession of the Nursing Home, which was the property of the Government, therefore, payment of salary of petitioners does not arise."
In the counter affidavit filed by the Kashmir Nursing Home on 15th March, 2007, it is stated as follows;
"7. In reply to Para 7, it is submitted that in terms of Government order No. 820-HME of 2003 dated 22nd July, 2003 possession of management of Kashmir Nursing Home, Gupkar Road Srinagar was taken over by the Government.
In reply to Para 10, it is submitted that petitioners as per averments made in the writ petition, are the employees of Sher-i-Kashmir National Medical Institute and are not the employees of the Government therefore, the question of payment of wages and salary does not arise.
In response to Para 11, it is submitted that the petitioners have been apprised about the decision of the Government that the Govt. has not taken over the management of the Trust and if claim for payment of their salary, same shall be projected before the Trust's management which exists for all practical purposes.
In reply to Para 13, it is submitted that since the Trust management has not been taken over by the Government, therefore question of absorption of the petitioners in the respondent Health Departments and for payment of salary does not arise."
In the rejoinder (page 47) it is stated that the respondents are required to take over the full management and affairs of the Sher-i-Kashmir Institute of Medical Sciences Soura and other institutions affiliated to it. It is further submitted that the respondents are further directed "to take over the possession as well as management of the Kashmir Nursing Home Gupkar Road Srinagar."
The petitioners have, therefore, admitted that the employees of Kashmir Nursing Home continued as an independent body which has not been taken over by the Government.
It has also been admitted that the petitioners were working with the Kashmir Nursing Home for the last more than two decades.
In view of the stand disclosed by the respondents, clearly, the petitioners cannot be granted any relief against the respondents.
The writ petition was filed in the year 2005 and has remained pending for the last 14 years.
The record shows that there has been no appearance on behalf of the petitioner on 16th July, 2012, 2nd December, 2016, 1st March, 2017 and 6th August, 2019."
None appeared on behalf of the petitioners when the matter was called out on 3rd October, 2019, when adverse orders were deferred in the interest of justice.
There is no appearance even today.
In view of the narration of facts as recorded in the order dated 3rd October, 2019 no relief can be granted to the petitioners. The non-appearance on behalf of petitioners also shows that the petitioners have lost interest in prosecuting this case.
The writ petition is dismissed.