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2021 Supreme(J&K) 303

PANKAJ MITHAL, VINOD CHATTERJI KOUL
Bashir Ahmad Dar – Appellant
Versus
State of JK – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Syed Manzoor, Adv.
For the Respondent: Ms. Asifa Padroo, AAG

JUDGMENT :

PANKAJ MITHAL, J.

1. Under challenge in this Letters Patent Appeal is the judgment and order dated 22nd November 2018 passed by the learned Single Judge dismissing SWP No. 657/2018 Bashir Ahmad Dar vs. State of JK & Ors.

2. The petitioner-appellant in the aforesaid writ petition claimed regularization of his services in terms of SRO 64 of 1994 and to accord him the same treatment as was given to one Ali Mohammad Bhat vide order dated 10th August 2012. At the same time he prayed for the quashing of the order dated 12th February 2018 by which his claim for regularization as aforesaid was rejected.

3. The writ court in dismissing the petition held that in exercise of writ jurisdiction, the court cannot enter into any fact-finding mission so as to ascertain the disputed questions regarding continuous discharge of duties by the petitioner-appellant for a continuous period of seven years which is one of the conditions for regularization in terms of SRO 64 of 1994.

4. The facts as revealed are that the petitioner-appellant was allegedly appointed as a daily-wager in the Agriculture/Sericulture Development Department sometime in the year 1986. On completion of seven years of continuo

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