01Facts
The Srinagar Development Authority (SDA) and the Town Planning Organization, Kashmir (CTPK), hired professionals on a purely contractual basis for the preparation of Master/Zonal Plans for Srinagar and Anantnag in 2017-2018
¶ 4Srinagar professionals were paid up to 31.08.2019, and Anantnag professionals up to June 2019
¶ 4Formal circulars were issued on 02.08.2019 and 18.06.2019, explicitly disengaging their services upon the expiry of their contracts
¶ 8The respondents filed writ petitions claiming they continued to work until June 2020 despite no formal extension
¶ 5A Single Judge (Writ Court) allowed the petitions, ordering remuneration up to 20.03.2020 based on experience certificates and communication from a subsequent Chief Town Planner
¶ 6, 10The UT Administration appealed this decision via a Letters Patent Appeal (LPA)
¶ 102Issues
i.1. Whether the respondents continued to perform their duties beyond the contractual period despite the issuance of formal disengagement circulars
¶ 7ii.2. Whether the experience certificates and internal communications relied upon by the Writ Court constituted sufficient evidence to mandate payment of remuneration from the public exchequer
¶ 7, 1203Law Applied
The court applied the principle that contractual appointments are governed strictly by the terms of the service agreement
¶ 8It further relied on the evidentiary principle that claims for remuneration against the government must be supported by competent authorization rather than mere "verbal orders" or managed documents
¶ 9, 12The court also took judicial notice of external circumstances (abrogation of Article 370 and COVID-19 pandemic) to assess the probability of the continued performance of work in a disturbed region
¶ 904Reasoning
The Division Bench found that the Writ Court erred in ignoring the two specific circulars issued by the then-Chief Town Planner (CTPK), Fayaz Ahmad Khan, which had formally terminated the respondents’ services
¶ 8, 10The court reasoned that since the respondents worked directly under the CTPK, their claim of being unaware of these circulars was "little difficult to believe"
¶ 9-10The Bench scrutinized the experience certificates and found them to be "managed in connivance" with the former CTPK to "defraud the public exchequer"
¶ 12It noted that the mere delayed submission of equipment (laptops/data) in 2020 did not equate to the performance of professional duties
¶ 11-12The lack of any written extension from a competent authority proved fatal to the respondents' claim for remuneration beyond the contract period
¶ 1105Holding
The Court answered the issues in the negative, holding that the respondents failed to demonstrate the performance of duties beyond their contract dates
¶ 12The Court set aside the Single Judge’s judgment, finding it "not factually correct" and tainted by documentary evidence prepared solely to confer wrongful benefits
¶ 12-13The appeal was allowed, and the original writ petitions were dismissed
¶ 13Original Court PDF
UNION TERRITORY OF J AND K AND ORS. (HOUSING AND URBAN DEVELOPMENT)vsMOHAMMAD SHAFI YATOO AND ORS.
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