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2004 Supreme(J&K) 110

S.K.GUPTA
Sunil Kumar Gupta – Appellant
Versus
State Of J&K Through Director Of Litigation, Law Department, Jammu – Respondent


Advocates Appeared:
Advocate For Appellant: Anil Sethi
Advocate For Appellant: D.C. Raina
Advocate For Respondent: B.S. Salathia
Advocate For Respondent: Seema Sheikher

This case has a chequered history.The controversy in the present writ petition lies in a narrow compass as to whether an employee of any Organization, once transferred to some other Government Department by the Government itself, later permanently absorbed there, having been allowed all benefits like seniority, substantive lien etc. could be ousted from that Department after a long spell of more than ten years, thereby taking away all such rights and benefits so enjoyed by him in the Government Department is justifiable as well as tenable in law.

2. The facts, as set out in the writ petition are that in the year 1991, the Advocate General and the Law Department moved proposals suggesting the Government to utilize the services of the petitioner in connection with various court cases. The Government in the General Administration Department examined the same and on the basis of `No objection from all the concerned as well as after due verification of the official position of the petitioner including that of his post, issued Government order No.241-GAD of 1991 dated 11.3.1991, transferring the petitioner alongwith his post of Section Officer to the office of the Advocate General. On joi










































































































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