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2023 Supreme(J&K) 582

M. A. CHOWDHARY
Kawsar Ahmad Bhat S/O Abdul Aziz Bhat – Appellant
Versus
State of J&K through Commissioner/Secretary to Government Industries & Commerce Department Civil Sectt. Jammu/Srinagar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.A.Makroo, Sr. Advocate with Mr. Basharat Ahmad Wani, Adv.
For the Respondent: Mr. Zahid Qais Noor, GA.

JUDGMENT :

1. Through the medium of the instant Service Writ Petition, filed under Article 226 of the Constitution of India, the petitioners have challenged Order No. KVIB 169 of 2017 dated 11.08.2017, whereby prospective effect to the regularization of the contractual services of the petitioners as Orderlies in terms of SRO 400 of 2009 dated 24.12.2009, in J&K Khadi and Villages Industries Board (for short ‘Board’) and sought direction to quash the same alongwith communication No. KVIB/Adm/PF-503/7240-46 dated 29.01.2019, whereby petitioners’ representation was rejected.

2. Before proceeding in the matter, it would be profitable to give brief resume of the case set up by the petitioners.

    (A) Petitioner No.1, a matriculate, was engaged as Orderly in the respondent Board on contractual basis on 26.08.2004 in terms of Order No. KVIB/300 of 2004 and this engagement was extended till further orders by virtue of Order No. KVIB/574 of 2005 dated 13.01.2005; that similarly, petitioner No.2, having qualification of 10+2, also came to be engaged as Orderly on contractual basis in terms of Order No. KVIB/428 of 2004 dated 10.11.2004, which order was subsequently extended till further orders by

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