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2004 Supreme(J&K) 242

S.N.JHA, NISAR AHMAD KAKRU
Controller Weights – Appellant
Versus
Maqbool Ahmad – Respondent


Per Kakru, J.

Writ petitioner (respondent No. 1 herein) claiming to man the post of a Watchman, sought the indulgence of the writ Court buy medium of SWP No. 419/2003 to command the State and its functionaries to continue him on the said post and to release salary in his favour for the period commencing from April, 2001 and onwards on the strength of the order of appointment which reads:

"In pursuance of the D.P.C. decision and in light of SRO 126 Sh. Maqbool Ahmad Khan (T.D.C. Pass) S/o Khadim Hussain Khan R/o Niloosa Pashwari Tehsil Uri Dist. Baramulla is temporarily appointed in the grade of Rs. 2550-3200 as Watchman and is posted Inspectorate Sopore against available post. He will however allowed to join only after producing of Police verification/character certificate."

2. Writ petition came up consideration before the Court on 24-03-2003 and the following order was passed which may be noticed:

"Notice. Notice in the CMP also. On the assumption that the order of appointment relied upon by the petitioner is genuine one, is provided that his legitimately earned wages shall be released subject to objections of other side. Needless to say that the direction aforementioned shall not wo

























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