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1994 Supreme(SC) 420

M. N. VENKATACHALIAH, S. MOHAN
Mohd. Iqbal Khanday – Appellant
Versus
Abdul Majid Rather – Respondent


Advocates:
ASHOK MATHUR, K.R.SASIPRABHU

Judgment

MOHAN, J.:- Special leave granted in both SLPs.

2. Both these matters can be dealt with under common judgment. The short facts are as under:

The respondent was appointed as Lecturer in the Faculty of Medicine, Medical College, Srinagar, under Order No. 197-ME of 1981. He took up foreign assignment with Subya General Hospital at Saudi Arabia. He was In Saudi Arabia for a period of two years and ten months. The said period was treated as on deputation without pay and allowances. It was directed that he will be entitled to count the said deputation towards increments and other service benefits. It was made clear that this period of deputation on foreign assignment could not be counted as against teaching experience.

3. By Government Order No. 134-HME dated 25-2-86, he was promoted as Assistant Professor on ad hoc basis. Thereafter his services as such came to be regularised on the basis of the recommendation of the Public Service Commission as per Government Order No. 304-HME dated 7-4-89. The respondent was confirmed on the post of Assistant Professor with retrospective effect from 25-1-87.

4. He filed Writ Petition No. 2452/ 92 before the High Court of Jammu & Kashmir at Srinag

















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