Manzoor Ahmad Shah vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 729

JAVED IQBAL WANI
Manzoor Ahmad Shah – Appellant
Versus
Union of India – Respondent

Advocates Appeared:
For the Petitioner: Hakim Suhail Ishtiyaq.
For the Respondents: Nazir Ahmad Bhat.

JUDGMENT :

(Javed Iqbal Wani, J.) :

1. The petitioner has filed the instant petition under Article 226 of the Constitution of India, seeking the following reliefs:

(i) By issuing Writ of Certiorari, quash the Order No. Estt/Re- Inst/10855-63 dated 07.07.2012 in so far it relates to the grant of following kind of leave in favour of the petitioner;

89 days HPL-From 10.09.2006 to 07.12.2006

1915 days EOL-From 08.12.2006 to 06.03.2012

Total 2004 days

(ii) By issuing a Writ of Mandamus direct the Respondents to treat the Petitioner on duty for the period he was out of service due to the illegal dismissal of the Petitioner by the Respondents which Order stands quashed by this Hon'ble Court vide Judgment dated 26.11.2008 in SWP No. 411 of 2007 and pay the Petitioner full salary of the post to which he would have been entitled has he not been dismissed from the service".

2. The facts leading to the filing of the instant petition are that the petitioner is working as a follower with the respondent-Border Security Force (for short, the BSF) and owing to his unauthorized absence from 23.02.2006 onwards, came to be dismissed from service by the respondent No. 3 vide order dated 09.09.2006 in exercise

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