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2007 Supreme(J&K) 216

AFTAB ALAM, MANSOOR AHMAD MIR
Ajaz Hussain Qureshi – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Qayoom
Advocate For Respondent: Altaf Haqani

Per Mansoor Ahmad Mir, J.

1. This Letters Patent Appeal is directed against the judgement and order dated 16-5-2007 passed in SWP No. 750/2000 by the writ court, whereby writ petition of the appellant came to be dismissed. The short controversy involved in this appeal is whether appellant is estopped from claiming retrospective benefits after exercising option and accepting his adjustment/appointment as Junior Stenographer (English) with prospective date.

2. In order to determine the controversy, it is necessary to notice the brief facts of the case.

3. It appears that material facts averred by the appellant are not in dispute. Respondents have admitted that the appellant was appointed as Urdu Stenographer in the year 1994 vide Government order No. 298-GAD of 1984 dated 13-12-1984. He was allowed to undergo training in English Stenography at his request and completed the said training in the year 1993. He was granted one increment in terms of rules with the intervention of the court. There-after he made representations for up-gradation of his post, but his request was not acceded to by the respondents. However, he was given option for change of his cadre and was offered the post of Ju






















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