SWP No. 1764/2015

MP No. 01/2017

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HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

SWP No. 1764/2015

MP No. 01/2017

Date of order: 15.11.2017

Vijay Kumar Pandit & anr. vs. State and ors.

Coram:

Hon’ble Mr Justice Alok Aradhe, Judge

Appearing counsel:

For Petitioner/appellant(s) :

Mr. M K Raina, Advocate

For respondent (s)

:

Mr. Ehsan Mirza, Dy.AG

i/

Whether to be reported in

Yes/No

Press/Media?

ii/

Whether to be reported in

Yes/No

Digest/Journal?

With consent of learned counsel for the parties, the matter is heard finally.

In this writ petition, the petitioners inter alia seek a writ of certiorari

seeking quashment of orders dated 20.03.2015 and 30.03.2015, by which the

claims of the petitioners have been rejected by respondent No.4 and the

petitioners have not been extended the benefit of SRO 149 of 1973.

When the matter was taken up today, learned counsel for the petitioners

submitted that the controversy involved in the instant petition is squarely covered

by the orders passed in SWP No.1341/1999 dated 27.07.2001 and SWP

No.691/2002 dated 22.02.2007. The learned counsel for the petitioners submitted

that the writ petition be disposed of with a direction to the competent authority to

consider the claims of the petitioners for grant of benefit of SRO 149 of 1973 as

provided under Government Order No.134-PDD of 2001 dated 03.04.2001 and in

terms of orders passed by this Court in SWP No.1341/1999 dated 27.07.2001 and

SWP No. 1764/2015

MP No. 01/2017

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SWP No.691/2002 dated 22.02.2007 without being influenced by the orders dated

20.03.2015 and 30.03.2015.

On the other hand, learned Dy.AG submits that suitable action with regard

to claims of the petitioners shall be taken in accordance with law.

In view of the aforesaid submissions and in the facts of the case, the writ

petition is disposed of with a direction to the competent authority to consider the

cases of the petitioners in the light of the orders passed in SWP No.1341/1999

dated 27.07.2001 and SWP No.691/2002 dated 22.02.2007 by a speaking order

without being influenced by the orders dated 20.03.2015 and 30.03.2015, within a

period of three months from the date of receipt of certified copy of the order

passed today. It is made clear that this Court has not expressed any opinion on

merits of the case.

With the aforesaid direction, the petition is disposed of along with

connected MP.

(Alok Aradhe)

Judge

Jammu

15.11.2017

Raj Kumar