SHABIR HUSSAIN Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner in this petition under Article 226 of the Constitution of India read with S. 103 of the Constitution of Jammu and Kashmir, seeks a writ of certiorari to quash order of his termination from service and a mandamus for release of his pay dues withheld.

(2.) IT appears that the petitioner got appointed as Panchyyat Inspector vide Govt. order No: 283 of 1984 dated 28 -11 -84 passed by the respondent and he took charge of his office w. e. f. 30 -11 -84, but respdt. vide his order No : 29 -Agri of 1987 termined the services of the petitioner contrary to the J&K Civil service (Temporary Service) Rules, 1961 (hereinafter to be referred to as "the Rules of 1961") applicable to the petitioner, therefore, this writ petition, for quashing of the order and for release of his pay dues, property within the menaing of Article 19 of the Constitution of India.

(3.) ON presentation of the petition, notice appears to have been issued to the respondent, who appeared but did not file objections resulting in admission of the petition.