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2015 DIGILAW 132 (JK)

Amit Padha v. State of Jammu and Kashmir

2015-03-30

BANSI LAL BHAT, N.PAUL VASANTHAKUMAR

body2015
Judgment : N.Paul Vasanthakumar, C.J. 1. This appeal is filed against the order passed by learned Single Judge in SWP No.1388 of 2014 dated 31.12.2014 wherein the appellants have prayed for quahsment of order dated 25.06.2014 read with cabinet decision No.115/09/2014 dated 19.06.2014 and for directions to refrain the respondents from giving effect to the said order in favour of Rehbar-i-Taleems by any manner. 2. Learned Single Judge noticing the fact that similar matters already considered by the Hon’ble the Supreme Court in Special Leave to Appeal(C) No.20531/2013 and Division Bench of this Court in LPA(SWP) No.183/2010, which has been disposed of on 16.04.2013 dismissed the writ petition holding that the Government is well within its powers to lay down a Scheme to provide for redressal of grievances of sections of its employees engaged under the Scheme and not initially appointed on regular or substantive basis. The learned Single Judge also relied upon the judgments of Hon’ble the Supreme Court, reported in i) 1979 STPL (LE) 9889 SC; (ii) 2014 STPL(LE) 48736 SC and (iii) 2014 STPL(LE) 48659 SC. 3. Since the learned Single Judge followed the judgments of Hon’ble the Supreme Court and Division Bench cited supra, we are unable to find any reason to interfere with the order of learned Single Judge. 4. Appeal is dismissed along with connected application.