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2017 DIGILAW 523 (JK)

State of J&K v. Ajay Singh Charak

2017-08-02

ALOK ARADHE, SANJEEV KUMAR

body2017
JUDGMENT : With the consent of learned counsel for the parties, the matter is heard finally. 1. In this Letters Patent Appeal, the appellants have assailed the validity of order dated 12.05.2015 passed by the learned Single Judge in SWP No. 252/2010, by which the petition preferred by the respondent has been disposed of with a direction to the appellants herein to reconsider the claim of the respondent for appointment on compassionate basis in light of the judgment dated 27.03.1998 passed in SWP No. 125 of 1993, provided the same is applicable to the case of the petitioner. 2. When the matter was taken up today, learned AAG submitted that the learned Single Judge has failed to appreciate that the claim of the respondent for appointment on compassionate basis has already been rejected by the appellants vide order dated 29.01.2010. The aforesaid order has not been set aside and without setting aside the order of rejection dated 29.01.2010, no fresh directions could have been passed by the learned Singe Judge for reconsideration of the claim of the respondent. On the other hand, learned counsel for the respondent has supported the order passed by the learned Single Judge. 3. We have considered the submissions made by the learned counsel for the parties and have perused the record. From the perusal of the record, it is evident that the learned Single Judge has not set aside the order dated 29.01.2010, by which the claim of the respondent for appointment on compassionate basis was rejected by the appellants. Since the order dated 29.01.2010 has not been set aside and without adjudicating the validity of said order, learned single Judge has directed for re-consideration of the claim of the respondents in the light of judgment dated 27.03.1998 passed in SWP No. 125/1993, we deem it appropriate to quash and set aside the order dated 12.05.2015 passed by the learned Single Judge. Accordingly, the same is hereby quashed and set aside and the matter is remanded to the learned Single Judge. We request the learned Single judge to adjudicate the validity of order dated 29.01.2010 as well and thereafter decide the matter accordingly. 4. With the aforesaid directions, the appeal is disposed of.