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2015 DIGILAW 691 (JK)

Gh. Sarwar Farooqi & Anr. v. State of J&K & Ors.

2015-12-23

BANSI LAL BHAT

body2015
JUDGMENT 1. The aforementioned writ petition was decided by judgment dated 05.08.2015. It has been brought to the notice of the Court that certain words in the judgement at page 5 paragraph 9 seem to be missing. Consequently, the original case file was called for perusal from the concerned Registry. Perusal of the original judgement revealed that some words are certainly missing in paragraph 9 of the judgement, presumably because of misprint. The judgment writer was required to print out one more copy of the judgement passed in the aforementioned case. While perusing the print out copy of the judgement supra, it transpired that in paragraph no. 9, two lines of the judgement are missing, which in my opinion have gone unnoticed because of misprint of the copy of the judgement. The mistake obviously is a bona fide mistake having crept in inadvertently. 2. Accordingly, in terms of powers under Section 152 of Code of Civil Procedure, the error that has crept in the judgment is rectified and it is ordered that in paragraph no. 9 of the judgement, the fourth and fifth lines be read as: "...the petitioner No. 1 with effect from 01.10.2001, which was disposed of after noting the clear stand taken by the." Paragraph no. 9 of the judgment shall read as follows: "It is seen from the record of the writ petition at hand that the petitioner No. 1 filed a writ petition (SWP No. 1854/2012) seeking a direction to the respondents to give benefit under Government order No. 595-Edu of 2009 dated 28th July, 2009 to the petitioner No. 1 with effect from 01.10.2001, which was disposed of after noting the clear stand taken by the respondents that there was no impediment in way of the petitioner to get the grade of Rs. 6500-10500 with effect from 01.10.2001, which was fairly conceded by learned counsel for the respondents. Upon this concession of the respondents, this Court directed the respondents to extend benefit available under the Government Order No. 181-Edu of 2012, dated 27.02.2012 to the petitioner." 3. This order shall form part of the judgment dated 05.08.2015 passed in SWP No. 2073/2013. Registry shall inform the learned counsel for the parties accordingly as also the publishers. Petition disposed of