RAJA ANIS ALI Vs. STATE OF J&K

JUDGEMENT

(1.) Order no.161 of 2016 dtd. 8/11/2016 passed by the Chief Education Officer, Srinagar, respondent no.3 in the petition, purportedly in compliance of Court decision dtd. 31/7/2012 in the petitioner's earlier writ petition, SWP no.193/2005, is under challenge in this petition. By the said order, respondent no.3 has accorded sanction to the grant of extra ordinary leave without emoluments / allowances in favour of the petitioner with effect from 20/6/2003 to 23/9/2013 in relaxation of the rules.

(2.) The petitioner, a Government teacher, had submitted a resignation on 31/3/2003 with a condition to allow him to resume his duties within five years. However, before its acceptance, he sought to join back and submitted a joining report on 20/6/2003. It is thereafter that respondent no.2 issued order no.5507-DSEK of 2004 dtd. 6/12/2004 according post facto sanction to the acceptance of resignation that had been tendered by the petitioner with effect from 31/3/2003.

(3.) The petitioner challenged the aforesaid order dtd. 6/12/2004 in writ petition, SWP no.193/2005. That writ petition was disposed of by the Court by judgment dtd. 31/7/2012, inter alia, directing as under: