UT OF JK Vs. SHAHZADA YOUSUF

JUDGEMENT

(1.) In this intra-court appeal, appellants have challenged judgment dtd. 24/5/2023 passed by learned Single Judge in writ petition bearing WP(C) No. 1502/2021 titled as Shahzada Yousaf and Ors vs. J&K Institute of Management, Public Administration and Rural Development and Anr. FACTUAL MATRIX

(2.) In terms of order No. 178 of 1987 dtd. 30/3/1987 issued by Appellate department, the deceased Mohammad Yousuf Bhat was initially appointed as Orderly in IMPARD, Srinagar and subsequently in pursuance to SRO 28 dtd. 15/1/1996, he was promoted/designated as Jamadar-I w.e.f. 25/1/1996. The deceased official remained unauthorised absent from his duties with effect from 1/10/1999 to 30/11/1999. Accordingly, order No. 122 of 2003 dtd. 8/4/2003 was issued in terms of which the services of the deceased official were terminated with effect from 1/10/1999.

(3.) Being aggrieved of the termination order, the deceased official approached this court by way of a writ petition bearing SWP No. 698/2004. This court on 7/6/2005 quashed the termination order dtd. 8/4/2003 of the deceased official, the operative portion whereof is reproduced below:-