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2021 Supreme(J&K) 423

SANJEEV KUMAR
Talvinder Kour – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Petitioner(s):Mr. R.K.S. Thakur, Advocate
For the Respondent(s): Mr. Ravinder Gupta, AAG

Judgment

Sanjeev Kumar, J.-The petitioner in this petition has sought a Writ of Certiorari for quashing Communication No. DSEJ/Legal/23412 dated 14.08.2017 issued by respondent No.2 whereby the claim of the petitioner for counting her service w.e.f 07.02.2004 for regularization as General Line Teacher has been rejected. The petitioner has also prayed for a direction to the respondents to treat her services, to be governed by the old CSR Rules for the purpose of pension and not under the New Pension Scheme which has been introduced w.e.f 01.01.2010. A direction has also been sought to the respondents to grant the petitioner arrears of pay instead of benefit of notional service granted to him.

2. At the outset, learned counsel for the petitioner submits that so far as the first prayer is concerned, the same has already been granted by the respondents and the services of the petitioner as ReT have been reckoned w.e.f 07.02.2004 and as General Line Teacher w.e.f 07.02.2009. He, however, submits that the grievance of the petitioner, that now remains to be redressed, is two fold: (i) that he is entitled to arrears of salary as General Line Teacher w.e.f 07.02.2009 till he was actually ap

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