LATEST UPDATES

LG chairs first Unified High Command meet in Jammu

Precious Kashmir 21/01/2021

Highway uncertainty must end once for all, make air-travel convenient; improve transport system: Stakeholders to Parliamentary delegation

Precious Kashmir 21/01/2021

Eight killed in suicide attack in central Baghdad

United News Of India 21/01/2021

Authorities Order Action To Curb False Info About Covid-19 Vaccine

Precious Kashmir 21/01/2021

Biden reverses US process of withdrawal from WHO

United News Of India 21/01/2021

President Biden signs order to end Trump’s ‘Muslim travel ban’

Agencies 21/01/2021

Srinagar shivers as mercury dips to Minus 7 degree Centigrade

Precious Kashmir 21/01/2021

Vaccine only way to end Covid-19 pandemic: DAK

Precious Kashmir 20/01/2021

Ailing CRPF man dies at SKIMS

Precious Kashmir 20/01/2021

Labourer found dead in Srinagar

Precious Kashmir 20/01/2021

Policeman booked for sarcastic FB post

Precious Kashmir 20/01/2021

PDD lineman injured due to electrocution in Kangan, hospitalized

Precious Kashmir 20/01/2021

Jan 26: Govt Asks Employees To Attend Main Function, Warns Them Against Dereliction

Precious Kashmir 20/01/2021

Cold Conditions Continue In Kashmir

Precious Kashmir 20/01/2021

Former Minister Sardar Rafiq Hussain No More

Precious Kashmir 20/01/2021

Major infiltration bid foiled in Jammu’s Akhnoor, 3 militants killed

Precious Kashmir 20/01/2021

‘No longer part of PAGD’; Sajad Lone writes to Dr Farooq Abdullah

Precious Kashmir 19/01/2021

JeM militant, associate arrested in Anantnag: Police

Precious Kashmir 19/01/2021

Wadi Ki Awaz editor, G N Shaida passes away

Precious Kashmir 19/01/2021

J&K public sector employees, workers federation protest at Press Enclave, demand release of pending salaries

Precious Kashmir 19/01/2021

3 CRPF men among 4 injured in Qazigund accident

Precious Kashmir 19/01/2021

Unidentified body found in Shopian orchids

Precious Kashmir 19/01/2021

Forces launch search operation in Samba, Kathua villages after ‘suspicious movement’

Precious Kashmir 19/01/2021

Freezing Cold Unabated in Kashmir, Minus 7.0°C In Srinagar

Precious Kashmir 19/01/2021

Woman dies after coming under snow falling from rooftop in Srinagar

Precious Kashmir 18/01/2021

LATEST UPDATES

LG chairs first Unified High Command meet in Jammu

Precious Kashmir 21/01/2021

Highway uncertainty must end once for all, make air-travel convenient; improve transport system: Stakeholders to Parliamentary delegation

Precious Kashmir 21/01/2021

Eight killed in suicide attack in central Baghdad

United News Of India 21/01/2021

Authorities Order Action To Curb False Info About Covid-19 Vaccine

Precious Kashmir 21/01/2021

Biden reverses US process of withdrawal from WHO

United News Of India 21/01/2021

President Biden signs order to end Trump’s ‘Muslim travel ban’

Agencies 21/01/2021

Srinagar shivers as mercury dips to Minus 7 degree Centigrade

Precious Kashmir 21/01/2021

Vaccine only way to end Covid-19 pandemic: DAK

Precious Kashmir 20/01/2021

Ailing CRPF man dies at SKIMS

Precious Kashmir 20/01/2021

Labourer found dead in Srinagar

Precious Kashmir 20/01/2021

Policeman booked for sarcastic FB post

Precious Kashmir 20/01/2021

PDD lineman injured due to electrocution in Kangan, hospitalized

Precious Kashmir 20/01/2021

Jan 26: Govt Asks Employees To Attend Main Function, Warns Them Against Dereliction

Precious Kashmir 20/01/2021

Cold Conditions Continue In Kashmir

Precious Kashmir 20/01/2021

Former Minister Sardar Rafiq Hussain No More

Precious Kashmir 20/01/2021

Major infiltration bid foiled in Jammu’s Akhnoor, 3 militants killed

Precious Kashmir 20/01/2021

‘No longer part of PAGD’; Sajad Lone writes to Dr Farooq Abdullah

Precious Kashmir 19/01/2021

JeM militant, associate arrested in Anantnag: Police

Precious Kashmir 19/01/2021

Wadi Ki Awaz editor, G N Shaida passes away

Precious Kashmir 19/01/2021

J&K public sector employees, workers federation protest at Press Enclave, demand release of pending salaries

Precious Kashmir 19/01/2021

3 CRPF men among 4 injured in Qazigund accident

Precious Kashmir 19/01/2021

Unidentified body found in Shopian orchids

Precious Kashmir 19/01/2021

Forces launch search operation in Samba, Kathua villages after ‘suspicious movement’

Precious Kashmir 19/01/2021

Freezing Cold Unabated in Kashmir, Minus 7.0°C In Srinagar

Precious Kashmir 19/01/2021

Woman dies after coming under snow falling from rooftop in Srinagar

Precious Kashmir 18/01/2021
  • Home
  • Front
  • Jammu & Kashmir
    • City
  • Anchor stories
  • Business
  • Sports
  • National
  • World
  • Opinion
    • Edit
    • Interviews
    • Letters
  • epaper
Friday, January 22, 2021
PRECIOUS KASHMIR
No Result
View All Result
  • Home
  • Front
  • Jammu & Kashmir
    • City
  • Anchor stories
  • Business
  • Sports
  • National
  • World
  • Opinion
    • Edit
    • Interviews
    • Letters
  • epaper
Precious Kashmir
No Result
View All Result
Home Front

Employees can’t seek selective application of rules: HC

Precious Kashmir by Precious Kashmir
22/12/2020
in Front
2 min read
0
Petition filed in HC challenging extension of 77th, 103rd amendments to JK

 

Srinagar, Dec 22: Employees cannot seek to selectively apply the relevant recruitment rules to their liking, Jammu and Kashmir High Court said as it dismissed a petition by J&K Tourism Development Corporation Employees Union, seeking same treatment as given to employees of SKICC in the matter of pension scheme.

“The petitioners cannot seek to selectively apply the relevant recruitment rules to their liking. The petitioners are governed by express statutory rules which set out the terms and conditions of the services of employees, including the petitioners, therefore, the petitioners cannot claim for amendment in the service rules through the medium of the instant petition,” said a bench of Justice Ali Mohammad Magrey while responding in negative to the question that despite there being clear rule position with regard to the services in the Corporation being non-pensionable, can the members of the Union still claim pensionary benefits in their favour on the analogy of other Government Corporations/ Departments.

“The petitioners and other employees of the Corporation cannot deviate from the terms and conditions of service upon which they have been appointed.”

The court said that once an employee accepts the terms and conditions governing a particular service at the time of entry in that service, he/ she subsequently cannot turn around and contend that the certain portion of the rules governing such service is not tenable. “This Court cannot issue directions to the legislature to enact a particular legislation. Same is true as regards the executive when it exercises the power to make rules, which are in the nature of subordinate legislation.”

Referring to the law laid down by the Supreme Court), the bench said it is crystal clear that existence of a right is the foundation of the jurisdiction of a Court to issue a ‘Writ of Mandamus’. “In the case on hand, the petitioners have not been able to show as to which of their right has been violated by the respondents (officials) denying them the pensionary benefits, which can be directed to be enforced by way of issuing a ‘Mandamus’ from this Court,” the court said as per GNS. “In this context, the irrefutable conclusion which can be drawn is that none of the rights of the petitioners stand violated by the respondent Corporation for which a ‘Writ of Mandamus’ can be issued in their favour.”

Share this:

  • Click to share on Twitter (Opens in new window)
  • Click to share on Facebook (Opens in new window)
  • Click to share on WhatsApp (Opens in new window)
  • Click to share on Telegram (Opens in new window)
  • Click to print (Opens in new window)

Related

Precious Kashmir

Precious Kashmir

LATEST UPDATES

LG chairs first Unified High Command meet in Jammu

Precious Kashmir 21/01/2021

Highway uncertainty must end once for all, make air-travel convenient; improve transport system: Stakeholders to Parliamentary delegation

Precious Kashmir 21/01/2021

Eight killed in suicide attack in central Baghdad

United News Of India 21/01/2021

Authorities Order Action To Curb False Info About Covid-19 Vaccine

Precious Kashmir 21/01/2021

Biden reverses US process of withdrawal from WHO

United News Of India 21/01/2021

President Biden signs order to end Trump’s ‘Muslim travel ban’

Agencies 21/01/2021

Srinagar shivers as mercury dips to Minus 7 degree Centigrade

Precious Kashmir 21/01/2021

Vaccine only way to end Covid-19 pandemic: DAK

Precious Kashmir 20/01/2021

Ailing CRPF man dies at SKIMS

Precious Kashmir 20/01/2021

Labourer found dead in Srinagar

Precious Kashmir 20/01/2021

Policeman booked for sarcastic FB post

Precious Kashmir 20/01/2021

PDD lineman injured due to electrocution in Kangan, hospitalized

Precious Kashmir 20/01/2021

Jan 26: Govt Asks Employees To Attend Main Function, Warns Them Against Dereliction

Precious Kashmir 20/01/2021

Cold Conditions Continue In Kashmir

Precious Kashmir 20/01/2021

Former Minister Sardar Rafiq Hussain No More

Precious Kashmir 20/01/2021

Major infiltration bid foiled in Jammu’s Akhnoor, 3 militants killed

Precious Kashmir 20/01/2021

‘No longer part of PAGD’; Sajad Lone writes to Dr Farooq Abdullah

Precious Kashmir 19/01/2021

JeM militant, associate arrested in Anantnag: Police

Precious Kashmir 19/01/2021

Wadi Ki Awaz editor, G N Shaida passes away

Precious Kashmir 19/01/2021

J&K public sector employees, workers federation protest at Press Enclave, demand release of pending salaries

Precious Kashmir 19/01/2021

3 CRPF men among 4 injured in Qazigund accident

Precious Kashmir 19/01/2021

Unidentified body found in Shopian orchids

Precious Kashmir 19/01/2021

Forces launch search operation in Samba, Kathua villages after ‘suspicious movement’

Precious Kashmir 19/01/2021

Freezing Cold Unabated in Kashmir, Minus 7.0°C In Srinagar

Precious Kashmir 19/01/2021

Woman dies after coming under snow falling from rooftop in Srinagar

Precious Kashmir 18/01/2021
Precious Kashmir

Copyright © 2020 Precious Kashmir.

Navigate Site

  • Home
  • About Us
  • Contact Us
  • Advertise with Us
  • Terms of Service

Follow Us

No Result
View All Result
  • Home
  • Front
  • Jammu & Kashmir
    • City
  • Anchor stories
  • Business
  • Sports
  • National
  • World
  • Opinion
    • Edit
    • Interviews
    • Letters
  • epaper

Copyright © 2020 Precious Kashmir.