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2015 Supreme(J&K) 445

N.PAUL VASANTHAKUMAR
Basharat Salim – Appellant
Versus
National Institute of Technology (NIT), Srinagar – Respondent


Advocates Appeared:
For the Appellant :M.A. Qayoom, Advocate
For the Respondents: S.A. Makroo, ASGI

JUDGMENT :

N. Paul Vasantha Kumar, C.J.

1. This writ petition is filed praying to quash the order No. BOG. 74/Board-62/99 dated 19.03.1999 and direct the respondents to treat the petitioner as in service without any break and entitle him to all consequential benefits. Case of the petitioner is that he was appointed as Lecturer Applied Mechanics in Regional Engineering College on 01.03.1982 and he continued as Lecturer till 21.10.1986. Vide order No. 215 of 1986 he was promoted as Assistant Professor on probation for one year in the Water Resources Development. In the year 1985, petitioner was deputed by the College to take up his Research status at Indian Institute of Technology. Petitioner completed his research Thesis from 22.07.1985 to 26.08.1989. The petitioner submitted his PhD Thesis on 25.08.1989 and resumed his duties in the college. He was asked to sign an agreement in the year 1985 before his deputation for taking up research course. In terms of the agreement, the petitioner was required to serve the college for 5 years after completing his PhD course. Petitioner continued in the College from 28.08.1989 to 01.03.1994. He applied for earned leave w.e.f. 22.11.1993 to 24.12.1









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