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2016 Supreme(J&K) 389

B.S.WALIA
Manjur Hussain – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant :Rahul Pant, Advocate
For the Respondent: Ravinder Gupta, A.A.G.

JUDGMENT :

B.S. Walia, J.

1. Petitioner was engaged as Rehbar-e-Taleem (hereinafter referred to as 'R-e-T') in Government Primary School, Bhagtha vide order Annexure-A, dated 05.11.2003. As per averments in paragraph No. 6 of the writ petition, the petitioner on account of being unwell at the time of engagement, was under constant treatment of doctors, and was able to discharge duty only on the strength of medical treatment. However, in the year 2006, his medical condition deteriorated requiring him to avail leave. Consequently, he submitted an application for leave to the in-charge Government Primary School, Bhagtha, Zone, Tikri. That in response to the application for leave submitted by the petitioner through the 1st Teacher Govt. GPS Bhagtha, the Zonal Education Officer, Tikri (Udhampur) vide Annexure-B wrote back to the 1st Teacher Govt. GPS Bhagtha to inform the petitioner that he was not entitled to leave. Pursuant thereto, the petitioner was informed vide Annexure-C, dated 16.11.2006 by the Headmaster, Government Primary School, Bhagtha that he was not entitled to leave.

2. That the petitioner claims to have been constantly requesting the authorities for grant of medical leave




























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