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2019 Supreme(J&K) 118

ALI MOHAMMAD MAGREY, TASHI RABSTAN
Bashir Ahmad Mir – Appellant
Versus
High Court of J&K – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. Salih Pirzada, Advocate
For the Respondent(s):Mr. R.A. Jan, Sr. Advocate with Ms. Sharaf Wani, Advocate

Judgment

1. Petitioner, a retired Section Officer of the High Court, has filed the present writ petition questioning and seeking reversal of the Order bearing No. 659 dated 17th August, 2017, for short impugned order, whereby his claim of seeking fixation of his seniority from the date of his appointment in the subordinate judiciary and consequent release of benefits in his favour has been rejected. The petitioner, further seeks a command in the name of respondent to fix his seniority after taking into account his past service rendered in the Subordinate Judiciary as has been done in the similarly placed cases and release the benefits flowing therefrom in his favour. The petitioner has further sought damages/ compensation of rupees Ten Lacs for the loss, inconvenience and mental agony suffered by him due to the inaction of respondent. The petitioner has further prayed that after settling the claim, his case be forwarded to the Accountant General’s office for re-fixation of his pension, gratuity and other benefits.

2. The prayers supra are inter alia made on the ground that the conclusion drawn by the respondent in terms of the impugned order is misconceived and the transfer of peti





































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