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2010 Supreme(J&K) 584

J.P.Singh, Hasnain Massodi
Zahoor Hussain Zargar – Appellant
Versus
State – Respondent


Advocates Appeared:
R.A. Jan, Neeru Goswami.

J.P. Singh, J.

1. The appellant-Zahoor Hussain Zargar, working as Assistant Engineer (Mechanical) in the Public Works Department of the State Government, was granted two years' Extra Ordinary Leave with effect from 25.05.81 to 24.05.83. He, however, did not join duty on expiry of the period of Leave. He submitted his Joining Report on 09.06.92, i.e., after a period of more than nine years. The respondents did not accept the Joining Report, aggrieved whereby, he approached this Court by his Writ Petition SWP No. 1138/93. A learned Single Judge of this Court, allowed the Writ Petition on 15.07.1994, directing as follows:-

"By a Writ of Certiorari, I hereby quash the impugned Communication No. EC-1-5/10218 dated 14 Sep. 1992, which is held as illegal, unconstitutional and bad in law. Consequently, by a Writ of Mandamus, I command the respondents to accept the joining report of the petitioner with effect from 9th of June, 1992 and direct them to suitably post him as Asstt. Executive Engineer and pay him all the dues and other allowances as admissible under rules. He is also held entitled to all the consequential benefits. However, the Government shall be at liberty to institute any enqui
























































































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