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2025 Supreme(Online)(CAT) 13298

CENTRAL ADMINISTRATIVE TRIBUNAL
MR. RAJINDER SINGH DOGRA, J, MR. RAM MOHAN JOHRI, A
Dr. Deepa Kachroo – Appellant
Versus
State of Jammu & Kashmir – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Veenu Gupta
For the Respondents: Mr. Sudesh Magotra, learned A.A.G.

Table of Content
1. transfer of case to tribunal and initial claims made. (Para 1 , 2)
2. employee's service details and absence for studies. (Para 3 , 4 , 5)
3. court's disapproval of treating absence as penal. (Para 6 , 7 , 8)
4. the order is quashed and regularization required. (Para 9 , 10)
5. disposal of the transfer application. (Para 11)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 452/2012 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/7493/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

“(a) An appropriate writ, or direction in the nature of Writ of certiorari quashing Government Order No. 312-HME of 2010 dated 31.05.2010 by virtue of which the period of three years spent by the petitioner on Post- Graduate training i.e. 15.07.1997 to 03.07.2000 after applying for necessary NOC, has been treated and regulated as “Dies-non” as per SRO 514 dated 22.02.1997.

(b) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents to treat the period of three years spent by the petitioner for un

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