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2016 Supreme(J&K) 25

Mohd Riaz – Appellant
Versus
State of Jammu and Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashok Parihar Advocate
For the Respondents:Mr. Abhinav Sharma Advocate for Caveator-R-3

JUDGMENT :

N. Paul Vasanthakumar, J.

Caveat stands discharged.

2. This appeal is preferred against the order made in SWP No. 2990/2015 dated 28.03.2016 dismissing the writ petition filed by the appellant, wherein prayer was made to quash Government Order dated 15.04.2014 stating that respondent No. 3 shall be deemed to have joined the post of Lecturer (Surgery) on notional basis from 11.07.2008 and the period from 11.07.2008 to 08.09.2009 shall be treated to count towards the seniority issued by the Government and the consequential notional benefits given w.e.f 25.05.2012 and for direction to treat respondent No. 3 as Assistant Professor w.e.f 17.12.2012 and to place him junior to the appellant.

3. The contention of the appellant before the writ court was that on 17.12.2009, the appellant was appointed as Lecturer in the discipline of Surgery in Government Medical College Jammu under ST category. Respondent No. 3 was appointed as Lecturer in the same discipline under the same category by order dated 11.07.2008 At the time of his appointment, respondent No. 3 was undergoing Super Specialty course i.e. MCH in Cordio Vascular Thoracic Surgery in SKIMS Soura w.e.f 31.07.2006 and three year











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