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2024 Supreme(J&K) 303

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR 
SANJAY DHAR
Showkat Ali Wani – Appellant
Versus
UT OF J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shakeel Sarwar, Advocate.
For the Respondent: Mr. Abdul Rashid Malik, Sr. AAG, with Mr. M. Younis, Assisting Counsel.

JUDGMENT :

1) The petitioners have challenged order No.RCS/LS/13 dated 27.02.2019, whereby their claim as projected vide their writ petition bearing SWP No.1707/2018, has been rejected. Challenge has also been thrown to order No.122-Adm of 2019 dated 18.07.2019 to the extent the intervening period of service of the petitioners with effect from 07.04.2004 to 25.10.2007 has been decided as on duty on notional basis.

2) The facts emanating from the pleadings of the parties are that the petitioners were ex-employees of the Jammu and Kashmir Cooperative Consumer Federation Limited (CONFED) which was wound up in the year 1999 in terms of Cabinet decision dated 15.07.1999. The said decision provided for winding up of the CONFED and it was also stipulated that the employees would be suitably adjusted. The department was directed to submit a detailed proposal at the earliest. Another Cabinet decision was taken on 24.04.2002 and it was decided that a Golden Handshake Scheme for Cooperative institutions should be financed from sale of their assets and government funding would not be available for this purpose. Accordingly, the Divisional Commissioners of Jam69mu and Kashmir were asked to evalua

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