Regarding jurisdiction
Manzoor Ahmad
(Querist) 13 December 2012
This query is : Resolved
I am working as Librarian in Delhi Public School Anantnag Kashmir of Jammu & Kashmir State.I got appointment order in March 2008.In the appointment order it is clearly mentioned that you will get the Salary and all other allowances as per Central Govt rules and norms.Another point in this order is mentioned that Your continuation in the job is under the Provisions of Delhi School Education Act,1973.
Now before some time a dispute arises between me and the school regarding salry.Now I want to take that matter to High court of Jammu & Kashmir.Now my real questions are
1. You will get the Salary and all other allowances as per Central Govt rules and norms will be challanged in the High court of Jammu & Kashmir if yes then under which constitutional provisions.
2.our continuation in the job is under the Provisions of Delhi School Education Act,1973 will also be challanged in the High court of Jammu & Kashmir if yes then under which constitutional provisions.
Hope you will provide me expert advise.
Raj Kumar Makkad
(Expert) 13 December 2012
1. Delhi Public School do not come within State instrumentality so you cannot file a writ against it before High Court. You need to file a civil suit.
2. Already replied above.
Devajyoti Barman
(Expert) 14 December 2012
Does your school receive state aid and follows its rules and regulations closely.
If yes then Writ would lie against it. Otherwise civil suit is only remedy.
Raj Kumar Makkad
(Expert) 14 December 2012
DPS is totally a private unaided body so it do not come within State instrumentality as already told.
Sudhir Kumar, Advocate
(Expert) 14 December 2012
Cause of action arose in J&K. Your are seeking releive under an Act passed by parliament. So what is the problem. J&K Govt is not barred from enforcing the central statutes.
Manzoor Ahmad
(Querist) 14 December 2012
Sudhir Kumar Sir Sir I did not understand you.Can Sudhir Sir i file petition in High Court of Jammu & Kashmir.If yes then under which provisions of constitution of india.You must keep it in mind J & K has a Special Status in the constitution of india.Hope Sudhir Sir will reply.
Manzoor Ahmad
(Querist) 14 December 2012
Devajyoti Barman Sir our School did not get any aid from the state govt.But it follows certain rules of the Jammu & Kashmir State Govt.Such as Summer vacation and winter vacations as per State of jammu & Kashmir Calender,Gazetted Holidays of Jammu and Kashmir State which are very much different from the central govt.So under these circumstances I can file writ petition challanging my earned arrears as per Delhi School Education Act 1973 .Hope you will reply.
Raj Kumar Makkad
(Expert) 14 December 2012
Delhi School Education Act, 1973 under which DPS institutions are working, do not become State instrumentality even though many State education rules are followed by it in J & K hence you cannot invoke the extra ordinary jurisdiction vested in High Court of J & K.
Manzoor Ahmad
(Querist) 14 December 2012
Sir I have one intrested question in my mind That after filing civil suit in District Court,once the decision will come can that be reviewed in High Court of J & K.At that time can there be any problem of Jurisdiction.
Raj Kumar Makkad
(Expert) 14 December 2012
You shall have to file your case before lower trial court and the appeal of which can be filed before District Court and then to High court and there is no any problem of jurisdiction to which you point out.
At this stage, you need to ac upon rather to go in depth of legal provisions not concerned immediately with your case.
Manzoor Ahmad
(Querist) 16 December 2012
In my Terms and Condition letter two things are clearly mentioned.
1. You will get the Salary and all other allowances as per Central Govt rules and
2.Your continuation in the job is under the Provisions of Delhi School Education Act,1973.
Legally what does this point means for me and what does the second point means for me.
Which among the above will be more advatageous for me on which we can filr the case in the trial court.
Raj Kumar Makkad
(Expert) 16 December 2012
Both points are in your favour as the document is to be read in its entirety. As both parties had agreed to each and every term hence the agreement was executed and was duly accepted by both parties. It hardly matter which point is at bottom and which is at top.
Your case shall have to be filed as per cause of action whereas the appointment letter is a document which shall help you establishing your status as an employee on certain terms and conditions.
Manzoor Ahmad
(Querist) 17 December 2012
My friend is also facing same problem.When he was fed up with this above mentioned system he left the school.He was Physical Education Teacher.He was in the school from 2008-2010.Then he left the school.He burned all the documents in anger.Now he saying me That i will also file a case regarding my arrears.He has only one document in hand that is experience certificate.Now question arises how can he file acse.Please reply in detail.
Manzoor Ahmad
(Querist) 22 December 2012
What is the Substitute of Article 226 and Article 32 of Indian constitution in Jammu Kashmir State.
Manzoor Ahmad
(Querist) 23 December 2012
What is the Substitute of Article 226 and Article 32 of Indian constitution in Jammu Kashmir State.
Raj Kumar Makkad
(Expert) 29 December 2012
Your friend can raise separate query for his own problem and you need not ask on his behalf when you yourself have your problem.
You need to follow already provided suggestions instead of raising it like Hanuman g ki poonchh.
Sudhir Kumar, Advocate
(Expert) 21 September 2014
http://www.lawyersclubindia.com/experts/Regarding-Salary-Pending-Arrears-356176.asp#.VB3MD1eO5G0
http://www.lawyersclubindia.com/experts/Regarding-Salary-Pending-Arrears-356176.asp#.VB3MD1eO5G0
http://www.lawyersclubindia.com/experts/Regarding-Arrears-493711.asp#.VB3MBVeO5G0
http://www.lawyersclubindia.com/experts/Regarding-Salary-356161.asp#.VB3L-FeO5G0
http://www.lawyersclubindia.com/experts/Regarding-Salary-356161.asp#.VB3L-FeO5G0
and many other
How many threads you open on one query. You are well advised.
