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2023 Supreme(J&K) 579

ATUL SREEDHARAN, JAVED IQBAL WANI
Nazir Ahmad Khan, S/o Abdul Rehman Khan – Appellant
Versus
Jameel Ahmad Mir S/o Abdul Gani Mir – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R. A. Jan, Sr. Advocate with Mr. M. Syed Bhat, Mr. Shah Aamir Adv.
For the Respondent:Mr. Sajad Ashraf, GA, Mr. M. Y. Bhat, Sr. Advocate with Mr. Hamza Prince, Mr. Shah Aamir, Mr. Jameel Ahmad, Mr. Salih Pirzada, Advs.

JUDGMENT :

Javed Iqbal Wani, J.

1. The issues involved in the instant appeals are akin and analogous to each other and as such are decided hereunder in the following manner and order:-

2. Dr. Nazir Ahmad Khan, appellant herein has preferred this Letters Patent Appeal (LPA) against Judgment dated 24.10.2019, passed in case titled as Dr. Jameel Ahmad Mir Vs. State of J&K and Ors., being SWP No. 585/2007, which petition has been disposed of by the learned Single Judge as follows:-

    “(i) The selection of respondent Nos. 5 to 7 shall remain intact and is not interfered with.

    (ii) The petitioners shall also be entitled to be appointed as Deputy Medical Superintendents in the Health and Medical Education Department, with effect from the date respondent Nos., 5 to 7 have been appointed retrospectively with all consequential benefits minus the monetary benefits. However, the petitioners shall be entitled to the monitory benefits from the date of their actual appointment.

    (iii) The respondent No. 1 is directed to take note of the observations made herein above and to take immediate remedial measures to set right the Rule prescribing qualification for the post of Deputy Medical Superintendents so th

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