Courts Cannot Compel Employers To Retain Contractual Employees Or Alter Terms Of Employment: J&K High Court

Dismissing a plea filed by 150 contractual healthcare workers seeking continuation of their services in Government Medical College (GMC), Jammu the Jammu and Kashmir and Ladakh High Court has reaffirmed that once a contract of employment has been mutually agreed upon without any objection or reservation, courts lack the jurisdiction to compel an employer to maintain the contract or alter...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up March 3 - March 9, 2025

Nominal Index:XXXX Vs UT of J&K 2025 Livelaw (JKL) 66Abdul Hamid Bhat Vs UT Of J&K 2025 LiveLaw (JKL) 67ARSHID AHMAD GANIE Vs UNION TERRITORY OF JAMMU AND KASHMIR (HOME) 2025 Livelaw (JKL) 68Peer Rattan Nath Mahant Sh. Shiv ji Maharaj Peer kho Vs Wazir Onkar Singh 2025 LiveLaw (JKL) 69Meena Kumari vs Sainik Cooperative House Society Ltd 2025 Livelaw (JKL) 70Bilal Hassan Anim vs...

Omission By Trial Court In Framing Issue On Maintainability Of Suit Does Not Limit Power Of Appellate Court To Decide If Suit Is Maintainable: J&K HC

The Jammu and Kashmir High Court held that if there is an omission on the part of the trial court to frame an issue on the maintainability of the suit under law, that does not limit the powers of the appellate court to decide the issue of maintainability.The court added that the only requirement is that there should be no new facts that need to be pleaded and no new evidence to be led by...

Jammu & Kashmir And Ladakh High Court Monthly Digest: February 2025

Nominal Index:Rajinder Singh Vs Abdul Aziz 2025 LiveLaw (JKL) 16Abdul Gani Akhnoor vs State of J&K 2025 LiveLaw (JKL) 17Union Territory of Jammu and Kashmir vs Farman Ali 2025 LiveLaw (JKL) 18Rathika Pruthi vs Contonment Board (Badami bagh) thr. Chief Executive Officer 2025 LiveLaw (JKL) 19Tarun Bahl vs UT of J&K 2025 LiveLaw (JKL) 20Mohammad Amin Sheikh & Khalida Begum vs....

Suit For Damages For Wrongful Dismissal Not Maintainable Until Termination Is Challenged And Declared Wrongful: J&K High Court

The Jammu and Kashmir High Court held that a suit for damages due to wrongful dismissal is not maintainable unless the termination is first challenged and declared wrongful. The court observed that the plaintiff has neither pleaded nor made any attempt to demonstrate that the impugned order of dismissal was in violation of any terms of his employment.A bench of Justice Vinod Chatterji Koul...

Lok Adalat Is Meant For Conciliated Settlement Of Disputes, Not For Orders On Merits: J&K High Court Directs Training Of Judicial Officers

The Jammu and Kashmir High Court held that Lok Adalats have no adjudicatory powers; they can only record settlements between willing parties. The court stated that if a compromise is not reached, the case must be referred back to the appropriate court.The court noted that the impugned award passed by the CJM in the Lok Adalat did not mention any settlement between the parties, and the...

Centre Notifies Appointment Of Three Additional Judges As Permanent Judges Of J&K And Ladakh High Court

The Central Government has officially notified the appointment of three Additional Judges Justice Wasim Sadiq Nargal, Justice Rajesh Sekhri, and Justice Mohammad Yousuf Wani—as Permanent Judges of the High Court of Jammu & Kashmir and Ladakh. The notification follows the Supreme Court Collegium's recommendation dated March 5, 2025.Union Law Minister Arjun Ram Meghwal took to Twitter...

“Antithetical To Concept Of Equality": J&K High Court Halts Promotions Without Consideration Of Candidates' SC/ST Reservation

The Jammu and Kashmir and Ladakh High Court has restrained the government from making any promotions unless candidates from the Scheduled Caste (SC) and Scheduled Tribe (ST) categories entitled to reservation are duly considered.Delivering a major relief to reserved category employees who have long been denied their rightful promotions due to a controversial government circular Justice...

Benefit Of Reservation In Promotion Available To All Under Article 16(4A), J&K Citizens Cannot Be Treated Differently: High Court

The Jammu and Kashmir High Court has expressed its strong disapproval of the circular issued by the General Administration Department directing all the Administrative Secretaries to keep vacant the slots meant for reserved category employees. The Court held that denying the benefit of reservation in promotion to scheduled castes and keeping their seats vacant would lead to treating citizens...

State Authorities Must Maintain Anonymity Of Victim In Cases U/S 376 Or POCSO Act: J&K High Court

The Jammu and Kashmir High Court has directed the Registry to immediately redact a prosecutrix/victim's name from the identified pages and any other additional pages flagged by the prosecution in a criminal case.The court ordered that police, forensic science laboratories (FSL), and medical professionals examining the prosecutrix must ensure that the name of the prosecutrix is not to be given...

Two Decades Of Continuous Services Doesn't Give Right Of Regularization Unless Formal Recruitment Process Is Followed: J&K High Court

The Jammu and Kashmir High Court held that serving in a department for more than 20 years without following the due process of recruitment does not give the right to said employee to seek the regularization of services.The court said that the engagement of the petitioner, who was engaged as a sweeper on a daily wage basis and its continuation thereafter, was without any due process of...

Unexplained Delay In Issuing Preventive Detention Order Casts Doubt On Magistrate's Subjective Satisfaction: J&K High Court

Underscoring the sanctity of procedural fairness the Jammu and Kashmir and Ladakh High Court has ruled that “delay, unless satisfactorily explained in making a preventive detention order, throws considerable doubt on the genuineness of the subjective satisfaction” of the detaining authority.Chief Justice Tashi Rabstan and Justice M A Chowdhary made these observations while quashing...