IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 27.11.2025 Pronounced on: 05.12.2025 Uploaded on: 05.12.2025 Whether the operative part or full judgment is pronounced: Full SWP No.1957/2010 TARIQ AHMAD LONE ...PETITIONER(S)/APPELLANT(S)

Through: - Mr. Z. A. Qureshi, Sr. Advocate, with Mr. I. A. Parray, Advocate &

Mr. Babar Bilal Malik, Advocate.

Vs.

UNION OF INDIA AND OTHERS.

...RESPONDENT(S)

Through: - Mr. Hakim Aman Ali, Dy. AG.

CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1) The petitioner, through the medium of present petition, has challenged order dated 15.03.2004, issued by respondent No.3, whereby he has been dismissed from service with effect from 10.03.2004. The petitioner has also sought a Writ of Mandamus commanding the respondents to reinstate him and to pay him all the pay/salary.

2) The case set up by the petitioner is that he was appointed as Constable in Border Security Force (BSF) on 05.05.1995. In August, 2003, while he was discharging his duties in SHQ BSF CI Ops-II, Karan Nagar, Srinagar, he was taken ill and proceeded on earned leave with effect from 01.08.2003 to 18.08.2003. It has been submitted that the condition of the petitioner