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J&K High Court · body

2009 DIGILAW 438 (JK)

Hamidullah Changal v. State

2009-08-31

MANSOOR AHMAD MIR

body2009
1. It appears that in the year 1980, Jammu & Kashmir Industries Limited, made a decision to lease out its match factory unit Baramulla, to WIMCO ltd., and a formal lease deed was executed by the parties on April 30, 1980 containing the terms and conditions. One of the condition provided was that lessee has to take over services of all workmen and supervisors who were working in the Match Factory on the same terms and conditions which were in vogue at that particular point of time. 2. Petitioner was working as Reconciliation Officer at the relevant point of time and was ordered to be transferred back and posted as Manager, Match Factor, Baramulla. The said order also provided that the petitioner be treated as an employee of M/s WIMCO upon his transfer. 3. It appears that said WIMCO factory closed down on 1st of October, 1987 resulting in the ouster of workers including the petitioner. Petitioner tried to return to JKI along with other employees. The other employees filed writ petition which came to be allowed. Petitioner also filed writ petition (SWP No.673/1989)--came to be allowed vide judgment/ order dated 29th of September, 1997. It is apt to reproduce operative part of the judgment herein: "The Chief Secretary to the State is required to take steps to direct all concerned functionaries of the Government and that of the JKI to accord due and effective consideration to the petitioners case for his return to JKI or suitable adjustment in any other Govt. corporation/ Organisation. Petitioner may make a fresh representation to the Chief Secretary in this regard. In any case, requisite exercise be completed and appropriate orders passed on the subject matter by all concerned functionaries within four months from the receipt of this order." 4. Respondents in terms of the directions (supra) considered the case of the petitioner and passed order No.JKI/Coj/167/97 dated 17.01.1998, subject matter of the writ petition in hand. In terms of the said order, petitioner came to be appointed as Assistant Manager in the pay scale of Rs.1825-3250 after he gave his consent and accepted the terms and conditions of the respondent department which were notified to him. In terms of the said order, petitioner came to be appointed as Assistant Manager in the pay scale of Rs.1825-3250 after he gave his consent and accepted the terms and conditions of the respondent department which were notified to him. After lapse of more than ten months filed the present writ petition for quashing the impugned order in so far it relates to his "fresh appointment/ fresh appointee" with further direction to the respondents to give benefit of promotions and other service benefits which had accrued to him during the intervening period with effect from 01.06.1989 till 20.01.1998, date of impugned order, on the grounds taken in the writ petition. 5. Respondents have not filed any reply. 6. The crucial point involved in this petitioin is whether petitioner can make a U-turn after accepting the offer made by the respondents subject to terms and conditions contained in the impugned order. 7. The case of the petitioner came to be considered in terms of the judgment and order dated 29th of September, 1997 passed by this Court in SWP No.673/198. The respondents considered the case of the petitioner in the Board of Directors meeting held on 6th of December, 1997 and it had approved fresh engagement/ appointment of the petitioner as Assistant Manager in the pay scale of Rs.1825-3250 in relaxation of the rules on the express condition that JKI would not entertain his any past claim whatsoever for any period and accordingly offer was given to the petitioner vide letter no. JKI/COJ/BOD/132/97-98/963-64 dated 1st January, 1998. It is apt to reproduce the contents of letter dated 3rd of January, 1998 herein: "Kindly refer to your letter NO.JKI/COJ/BOD/132/97-98/963-64 dated 01.01.1998. In this connectioin I hereby give my consent for joining JK Industries Ltd as per terms and conditions laid down in above referred letter. I hope that necessary formal orders will be issued at an early date." 8. The petitioner gave his consent and accepted all the terms and conditions relating to the proposal of approval made by the Board of Directors vide his application dated January 1st, 1998. Thereafter fresh appointment order came to be issued and petitioner came to be appointed as Assistant Manager in the pay scale of Rs.1825-3250 in relaxation of the rules. The petitioner gave his consent and accepted all the terms and conditions relating to the proposal of approval made by the Board of Directors vide his application dated January 1st, 1998. Thereafter fresh appointment order came to be issued and petitioner came to be appointed as Assistant Manager in the pay scale of Rs.1825-3250 in relaxation of the rules. He accordingly joined in terms of annexure-H on 20th of January, 1998 and therafter filed this writ petition after lapse of ten months for quashing the appointment order in so far it relates to "fresh appointment" and for grant of past benefits. 9. The petitioner is caught by law of estoppel. He came to be appointed in relaxation of the rules. Had petitioner not accepted the terms and conditions of the Board of Directors for his fresh engagement in relaxation of the rules, perhaps the respondents would not have issued the order of fresh appointment. He made respondents to act on his assurance. 10. In the given circumstances, the writ petition merits dismissal which is accordingly dismissed along with all connected CMPs. Interim direction, if any, shall stand vacated.