TARUN CHATTERJEE, R.M.LODHA
C. N. Malla – Appellant
Versus
State of Jammu and Kashmir – Respondent
Judgment :-
R.M. Lodha, J.
Leave granted.
2. In this appeal by special leave, the only question that is required to be considered is whether the Division Bench of the High Court was justified in setting aside the order of the single Judge awarding back wages to the appellant from the date of filing writ petition upto the date of superannuation.
3. Facts are these, very briefly put. The appellant joined the service of the State of Jammu & Kashmir as Assistant Surgeon in 1970. He held various posts in the Directorate of Health Services and was promoted first as Lecturer and then as Assistant Professor in 1981. He was sent on deputation to Stanely Medical College, Madras for undergoing specialized training in Microvascular and Hand Surgery from January, 1986. Thereafter, the appellant proceeded on 30 days leave with effect from March, 1986. According to him, he had sent several applications for extension of leave for undergoing further training and seeking service in foreign country but his representations were not responded to by the state government and his services were illegally terminated without following the procedure prescribed in Jammu & Kashmir Civil Services (Classification,
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