DES RAJ Vs. STATE

JUDGEMENT

(1.) The appellant was working in the State Revenue Department as Girdawar and vide Order No. 1263-GAD of 2004 dated 20.09.2004, he came to be retired from service w.e.f. 21.09.2004 in terms of Article 226(2) of the Jammu & Kashmir Civil Service Regulations. The order of retirement of the appellant was passed in public interest.

(2.) Being aggrieved of the order of retirement, the appellant challenged the same before this court by filing writ petition (SWP No. 1797/2004) and learned Single Judge vide its judgment dated 05.02.2009 allowed the writ petition with a direction to the respondents to reconsider the matter and take a fresh decision in the matter in accordance with the rules on the basis of service record of the appellant.

(3.) Being aggrieved of the order of learned Single Judge, State-respondents filed appeal which came to be numbered as LPASW D-131/2009 along with application for condonation of delay bearing CDLSW No.D-58/2009. This appeal was not pursued and vide Order dated 11.02.2010, this court permitted the Additional Advocate General to withdraw the application for condonation of delay, as a result of withdrawal of condonation application, main appeal also stood dismissed. The Court while ordering the withdrawal of the appeal directed that the cross objections / appeal (LCROS No.01/2010) filed by appellant be heard.