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2021 Supreme(J&K) 418

ALI MOHAMMAD MAGREY, SANJAY DHAR
State of J&K – Appellant
Versus
Shahida Razak – Respondent


Advocates:
Advocate Appeared:
For the Appellant(s): Mr. Shah Aamir, AAG
For the Respondent(s):Ms. Arifa Jan, Advocate

JUDGMENT :

Ali Mohammad Magrey, J.

1. This intra Court appeal is directed against the Judgment dated 22nd of August, 2017 passed by the learned Single Judge, in terms whereof the Petition of the Respondent herein (SWP No. 2207/2015) stands allowed with the following directions:

    “…..

In view of the aforesaid analysis, the writ petition is disposed of by directing the respondents to treat the petitioner as having been appointed as EV in EGS Centre Gudoo Mohalla Abi Nowpora with effect from 26th November, 2012 with all consequential benefits. It is, however, made clear that in case the aforesaid Centre has been converted in the regular School, petitioner shall be deemed to be appointed as ReT in the aforesaid School with effect from the date the Centre is upgraded to School. Needless to say that the petitioner is entitled to all the consequential benefits.”

2. The aforesaid Judgment has been assailed herein this appeal primarily on the ground that the learned Writ Court, while passing the Judgment, has failed to appreciate the fact that the Scheme under which the Writ Petitioner/ Respondent herein was engaged as an Education Volunteer (EV) at EGS Gudoo Mohalla, Abi Nowpora was already disb

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