Research › Search › Judgment

J&K High Court · body

2012 DIGILAW 495 (JK)

Ayaz Ahmad War v. State and others

2012-08-09

MANSOOR AHMAD MIR

body2012
1. This writ petition has been admitted to hearing on 18.04.2011. The petitioner by medium of the writ petition at hand is seeking quashment of the Order bearing No. 307 of 2007 dated 07.11.2007 to the extent of treating the period from 28.01.2003 to 12.06.2005 i.e. 868 days on Diesnon and by writ of mandamus he has sought to treat the above said period on leave of any nature. 2. The case of the petitioner is that he came to be dismissed from services without following the mandate of law and, therefore, preferred an appeal before the competent authority, whereby the order of dismissal was set aside but the period of absence has been treated as Diesnon. 3. The grievance of the petitioner is that one Constable Nissar Ahmad, who was also dismissed along with the petitioner, was also taken back into service and his period of absence has been treated as on leave of the nature due to him. It is therefore, prayed that the same treatment may be accorded to the petitioner as well. In terms of impugned order the said period was to be treated on leave, if any due and rest of the period as Diesnon. 4. In the aforementioned backdrop, and in view of the peculiar circumstances of this case, if it is a fact that in respect of other similarly circumstanced persons, the period of absence have been treated on leave, the same treatment is to be given to the petitioner also in view of the fact that the petitioner stands exonerated and is reinstated back. Accordingly, this writ petition is allowed. Impugned order bearing No. 307 of 2007 dated 07.11.2007, is quashed to the extent of treating the period of the petitioner from 28.01.2003 to 12.06.2005 as Diesnon, is quashed with a command to the respondents to treat that period as on leave of whatever nature as has been done in respect of other similarly circumstanced person. However, it is made clear that the petitioner shall not be entitled to salary for the period aforementioned and the said period shall be treated for other service benefits. 5. Disposed of along with CMP.