GH AHMAD BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THROUGH this appeal, decision dated October 17, 1994 in SWP No. 1300/1991 has been challenged whereby the petition of the petitioner had been dismissed. Before adverting to the question involved for determination in this case, it is desirable to refer to some of the important facts of the case.

(2.) THE petitioner was appointed a Process Server by respondent -2 vide order No. DLC/K/ 19/982 -94 dated 20 -08 -1979 in the pay scale of Rs. 170 -230, later revised to Rs. 345 -460 and again revised to Rs. 630 -940 (Annexure -P).

(3.) WHILE posted at Anantnag, he discharged the duties of his office with complete dedication and to the satisfaction of his superior. During November 1980, he fell ill and could not attend the office for a few months. When he recovered from illness in the 1st week of April, 1981, he wanted to resume the duties, but he was not permitted to do so by respondent -1 stating that through Order No. ALC/A/871 -78 dated 28 -03 -V981, his services stood terminated.