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2010 Supreme(J&K) 397

Hakim Imtiyaz Hussain, Hasnain Massodi
Mohd. Afzal Bhat – Appellant
Versus
State – Respondent


Advocates Appeared:
Altaf Haqani, A.M. Magray.

Per Massodi, J.

1. These two Letters Patent Appeals are directed against the judgement and order dated 11th December 2009, whereby Writ Court has dismissed the writ petitions filed by the appellant registered as SWP No. 1024/2007 and SWP No. 1289/2009. The back ground fads, discernible from the records, are as under:-

2. The appellant appointed as teacher in Education Department in the year 1995, was vide Government order No. 852-Edu of 2004 dated 21st October 2004 sent on deputation as lecturer-Statistics/Statistician to Government Medical College Srinagar, for a period of two years. The Government vide order No. 836-Edu of 2005 dated 31.12.2005 recalled the appellant from deputation. The appellant refused to leave the deputation post and instead filed a writ petition registered as SWP No. 38/2006, which was later withdrawn by the appellant, claiming that his grievances were set right, though no Government order rescinding the order No. 836-Edu of 2005 dated 31.12.2005, was placed before the Court nor such order appears to have been issued by the Government. No interim direction was, either, passed by the Court in the writ petition. The appellant nonetheless, of his own continued on


















































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