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2011 Supreme(J&K) 250

MANSOOR AHMAD MIR
Mubarak Ahmad Bhat – Appellant
Versus
State & Ors. – Respondent


Advocates Appeared:
Mr.G.Q.Bhat, Advocate for the Petitioner., Mr.J.A.Kawoosa, AAG for the Respondent.

1. Order No. 309 DSEK of 2003 dated 24.1.2003-Annexure-E is the subject matter of the writ petition in hand, passed by respondent No. 2, hereinafter for short as impugned order, by virtue of which the services of the petitioner are alleged to have been discontinued. The said impugned order is disputed generally on variety of grounds itemized in the writ petition, the main thrust amongst being, that it has been passed arbitrarily; against the principles of fair play, equity, unknown to law,| and unconstitutional. The relief of quashment of the impugned order; reinstatement of the petitioner and release of all consequential service benefits including salary™ sought for besides the claim of parity with the private respondents is also made.

2. Respondents have resisted the petition mainly on the ground that no appointment order was ever passed in favour of the petitioner, but his entry into Govt. service is an outcome of fraud. The petitioner, in terms of a fraudulent order came to be transferred and concerned Headmaster allowed him to join when the fact of the matter is that no appointment order was issued in his favour not to speak of having entered through selection process. The post




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