Dr. Aaqib Mohi-ud-Din Pandit vs Union Territory of Jammu and Kashmir & Ors.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

The case of the applicant as projected in the O.A. is that applicant filed the present Original Application seeking appropriate directions to the respondents for release of his legitimate and earned salary pertaining to the period from 19.12.2023 to 18.12.2024, during which he served as a Junior Resident in the Department of General Medicine, Government Medical College, Handwara, on Academic Arrangement Basis.

Initially, the Applicant was engaged as Junior Resident vide Office Order No. 23 dated 16.12.2023 and joined his duties on 19.12.2023. Thereafter, the applicant continuously discharged his duties during the entire sanctioned tenure and successfully completed the same on 18.12.2024 and his services were rendered satisfactorily, and his conduct and performance during the period of engagement were certified as “V. Good” by the Principal, Government Medical College, Handwara, vide Experience Certificate dated 20.08.2025.

In terms of the conditions of the engagement order, the applicant’s first month’s salary was retained with the Accounts Department as security and was to be released upon successful completion of the sanctioned tenure. The disbursement of salary was also subject to CID Verification. However, despite the applicant having completed his entire tenure and having rendered his services satisfactorily, his earned salary has not been released. The applicant’s CID Verification has remained pending, reportedly on account of an FIR registered against his father in the year 1992. The said FIR/criminal case had no connection whatsoever with the applicant. Moreover, the applicant’s father has since been acquitted by the competent Court of law. Despite the said acquittal, the respondents have failed to complete the requisite re-verification/clearance of the applicant’s case at the level of the ADGP, CID Headquarters.

It is submitted in the O.A. is that the applicant cannot be made to suffer for an alleged verification issue arising out of a criminal case pertaining to his father, particularly when the said case dates back to the year 1992 and has already culminated in the acquittal of his father. The applicant himself has neither been accused of any misconduct nor has any adverse material been brought against him. The Applicant has, in fact, completed the entire period of engagement and discharged his duties satisfactorily.

Aggrieved of the continued withholding of his earned salary, the applicant submitted a detailed representation dated 01.07.2025 before the Secretary, Health & Medical Education Department, J&K, seeking review of his case and expeditious completion of the requisite verification so that his legitimate dues could be released. However, despite the lapse of considerable time, the said representation has not been decided and the applicant’s salary continues to remain withheld. The continued withholding of salary for services already rendered is arbitrary, unreasonable and disproportionate.

Learned counsel for the applicant submits that the respondents have accepted and utilized the applicant’s services throughout the sanctioned tenure and have not alleged any unauthorized absence, misconduct or deficiency in the discharge of his duties. Administrative delay or pendency of verification, particularly for reasons not attributable to the applicant, cannot indefinitely deprive him of his earned remuneration, as the same would amount to unjust enrichment on the part of the respondent-department.

The Applicant, therefore, seeks intervention of this Hon’ble Tribunal for release of his entire salary and other consequential benefits payable to him for the period from 19.12.2023 to 18.12.2024, along with such other relief as this Hon’ble Tribunal may deem just and proper in the facts and circumstances of the case. The cause of action is continuing in nature, as the applicant’s earned salary remains unpaid and his representation dated 01.07.2025 remains undecided. Hence, the present Original Application.

Through the medium of the instant O.A., the applicant seeks for the following reliefs-

Learned counsel for the applicant argued the matter at length and submitted that the applicant would be satisfied if the present O.A. is treated as a representation and the respondents are directed to consider and decide the same within a stipulated time frame, in light of the averments made therein, along with the documents annexed and the law applicable in the instant case.

Learned counsel for the respondents submits that, without prejudice to their rights and contentions, the respondents have no objection if the present O.A. is treated as a representation and is disposed of in terms of the submissions advanced on behalf of the petitioner.

Heard learned counsel for the parties.

Learned counsel for the parties are ad idem that the present O.A. may be disposed of at this stage by treating the same as a representation.

Accordingly, without expressing any opinion on the merits of the case, the present O.A. is disposed of with a direction to respondents to treat this O.A. as representation and to accord due consideration to the assertions as well as applicant’s claim made therein, in light of the law holding the field, and subject to the entitlement and eligibility of the applicant, as well as other applicable conditions and rules and regulations and further that the applicant has actually worked for the period in question i.e. 19.12.2023 to 18.12.2024. Further, if there is no impediment. Respondents shall also take into consideration the documents annexed with the O.A. while according such consideration.

The said exercise shall be completed within a period of six (06) weeks from the date of receipt of a copy of this order, by passing a comprehensive reasoned, speaking, and detailed order.

It is clarified that this Tribunal has not expressed any opinion on the merits of the claims or contentions raised by either side. All questions of fact and law are left open to be considered by the competent authority, in accordance with law.

Accordingly, O.A. No. 983/2026 is disposed of along with the connected M.As., if any, parties are to bear their own costs.

Consign the file to the Record Room, after due compliance.