J&K HC | Paucity of funds is no excuse to deny salary to a Government employee

Jammu and Kashmir High Court: The Bench of Sanjeev Kumar, J., disposed of the petition filed against the order of transfer and for release of salary for a certain period with the instruction to pay the salary to the employee for the period the petitioner claimed to have performed his duties. The order of transfer was upheld.

The facts of the case were that the petitioner was transferred from Chadoora to Handwara. The petitioner challenged the impugned order on the ground that his salary for the period when he was working as Junior Engineer in Kupwara was released either by the PHE Division, Kupwara, or the PHE Division, Chadoora. The petitioner was actually relieved after a few months of his transfer notice.  While the petitioner was working in PHE Division Kupwara, his salary for the period from August, 2016 to April, 2017 was not released on account of non-availability of requisite funds in the Division.

The Court held that the challenge to the transfer order should fail because the order was passed in the interest of administration. The petitioner had no right to remain posted at a particular place indefinitely or for a specified period. With regard to release of salary of pay, the Court held that the petitioner cannot be denied the hard-earned salary on any count, if he has worked. The paucity of funds cannot be an excuse to deny the salary to a Government employee. [Ghulam Hassan Khawja v. State of J&K, 2019 SCC OnLine J&K 243, Order dated 07-03-2019]

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