MOHD ASHRAF MUFTI Vs. STATE OF J&K

JUDGEMENT

(1.) CROSS appeals have been submitted, one by Dr. Mohd Ashraf Mufti, under LPA No. 258 of 1998 titled Dr. Mohd Ashraf v. State and another and other by the State under LPA No. 68 of 2000 titled Director and Ex -officio Secretary to Govt. v. Dr. Mohd Ashraf Mufti and in both the appeals the order of learned Single Judge dated 24.09.1998 passed in SWP No. 312 of 1989 has been challenged.

(2.) SINCE common questions of fact and law are involved in both the appeals, the appeals are decided by this common judgement.

(3.) FACTS revealed from the record of LPA -313 of 1998 are that the appellant Dr. Mohammad Ashraf Mufti was initially employed as a Lecturer in the discipline of paediatrics in Sher -I -Kashmir Institute of Medical Sciences, Soura, and subsequently was promoted to the post of professor in the Department of Paediatrics. The appellant, on 07.02.1988, while availing the second half period of winter vacations, commencing from