AYAZ AHMAD WAR Vs. STATE & ORS.

JUDGEMENT

(1.) This writ petition has been admitted to hearing on 18.04.2011. The petitioner by medium of the writ petition at hand is seeking quashment of the Order bearing No. 307 of 2007 dated 07.11.2007 to the extent of treating the period from 28.01.2003 to 12.06.2005 i.e. 868 days on Diesnon and by writ of mandamus he has sought to treat the above said period on leave of any nature.

(2.) The case of the petitioner is that he came to be dismissed from services without following the mandate of law and, therefore, preferred an appeal before the competent authority, whereby the order of dismissal was set aside but the period of absence has been treated as Diesnon.

(3.) The grievance of the petitioner is that one Constable Nissar Ahmad, who was also dismissed along with the petitioner, was also taken back into service and his period of absence has been treated as on leave of the nature due to him. It is therefore, prayed that the same treatment may be accorded to the petitioner as well. In terms of impugned order the said period was to be treated on leave, if any due and rest of the period as Diesnon.