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2008 Supreme(J&K) 333

MOHAMMAD YAQOOB MIR, MANMOHAN SARIN
Bashir Ahmad Lone – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: M.M. Dar
Advocate For Respondent: B.A. Dar

1. Appellant-Bashir Ahmad Lone in this appeal assails the judgment dated 12th of December, 2007 of the learned Single Judge dismissing OWP no. 1291/97. The appellant in the said petition had sought a writ of mandamus to be issued to the respondent-State to appoint the appellant and grant him employment commensurate with his qualification and entitlement in terms of SRO 181, issued under No. GD(MTG)RB/56/79 dated 3.6.1988 read with Circular No.24-GAD of 1991 dated 25.07.1991. Appellant had also claimed that the service benefits including salary, pay and increments be paid retrospectively to him since he was eligible for appointment from 1988.

2. The Learned Single Judge noting that the writ petition claiming relief had been filed in the year 1997 while SRO 181 had been withdrawn in the year 1991, dismissed the writ petition. Learned Single Judge held that since the appellant did not file any petition for enforcement of his right during the period the said SRO was in force and had filed the petition after the SRO had been withdrawn, he had lost his right. Hence petition was dismissed.

3. The genesis of the controversy lies in the appellant and his predecessor having donated one kanal t
























































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