High CourtsSingle Bench(2021) 09 J&K CK 0005

Samiullah Bhat & Ors vs UT Of J&K & Ors

Jammu And Kashmir High Court · Decided on 7 September 2021

HON’BLE JUDGES
Sanjeev Kumar, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 1763 Of 2021, Civil Miscellaneous No. 5865 Of 2021

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Judgment

5 paragraphs · 201 words

Sanjeev Kumar, J

1.

The issue raised in this petition is already subject matter of adjudication in SWP No.656/2019, wherein this Court, while issuing notice to the respondents, has also by way of an interim order, directed the respondents to pay wages to the petitioners for the period they have worked from the funds which are available for disbursement and the payment shall be made notwithstanding anything to the contrary which has been prescribed in any of the circulars issued by the Government. The said petition is stated to be pending.

2.

The petitioners have filed yet another petition and have made similar prayers except an additional prayer to the extent that the respondent No.5 be directed to submit muster sheets of the petitioners to the concerned authority for disbursement of wages.

3.

The additional prayer could have been sought by way of filing an application in the pending petition and no fresh petition on the same cause of action could have been maintained.

4.

For all these reasons, this petition is found to be without any merit and the same is, accordingly, dismissed leaving it open to the petitioners to move an appropriate application SWP No.656/2019, which is pending adjudication.