Jammu, April 22: In C.P./40/2024 (JAMMU) In O.A./1670/2023 titled DR VIKAS GUPTA Vs AGRICULTURE PRODUCTION DEPARTMENT after hearing CAT ordered as under:-
1. Mr. Abhinav Sharma, Sr. Adv. appearing for petitioner submitted that pending salary of the petitioner has not been released as per direction given in the last order dated 18.04.2024 by this Tribunal, rather on the same date, the petitioner was suspended without assigning any reason.
2. Mr. Bashir Ahmed Khan, Director General, Sheep Husbandry Department, Kashmir (respondent no. 2) has appeared before us through virtual mode and admitted the contents of letter dated 20.03.2024 written by him to the Principal Secretary to Government, Agriculture Production Department, Jammu (respondent no. 1) in which it has been stated that petitioner has submitted his joining report on 28.12.2023 before him and is working as APO since then.
Respondent no. 2 has also admitted the contents of another letter dated 06.04.2024 addressed to respondent no. 1 in which he has mentioned that pending salary of the petitoner and respondent no. 4 can be released against the post of Assistant Project Officer and Joint Director, (Farms) respectively.
It is also submitted by respondent no. 2 that respondent no. 1 has directed for release of salary of private respondent no. 3, Dr. Ajay Sudan and not that of petitioner.
3. Admittedly, petitioner is working on the post of APO since 28.12.2023 and this bench twice directed respondent no. 2 to release the pending salary of the petitioner. However, on account of non-compliance of aforesaid direction, the salary of respondent no. 2 was attached till further order by this Tribunal
4. Having heard the learned Sr. counsel for the petitioner and Mr. Rajesh Thapa, learned A.A.G., besides respondent no. 2 through virtual mode, we are of the opinion that irrespective of the controversy involved in this petition, the petitioner cannot be deprived of his salary for the period for which he has worked as Assistant Project Officer in the office of Director General, Sheep Husbandry, Kashmir w.e.f. 28.12.2023 before his suspension.
5. Accordingly, respondent no. 1 shall issue a direction to respondent no. 2 to release the pending salary of the petitioner before his suspension period.
Till the pending salary of the petitoner is released, the salary of respondent no. 2 shall remain attached.
6. List on 07.05.2024.
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