HC quashes dismissal, directs to consider case of the petitioner for his appointment as Senior Assistant

09/07/2018

JAMMU, Jul 9: In a petition filed by Khursheed Ahmad Khan seeking quashment of the order bearing No. CEMK/368 of 2012 dated 8th of December, charge-sheet dated 7th of August, 2012, show cause notices dated 18th of October, 2012 & 16th of November, 2012, as also the order No. CEMK/GS/7/7197-7206 dated 28th of December, 2012, issued by the respondent No.2, whereby the petitioner has been dismissed from Government service with immediate effect. A writ of mandamus is also sought for commanding the respondents to allow the petitioner to function as Senior Assistant and also process his case for regularization against the said post on the same analogy as has been evolved in the cases of his colleagues, whose cases have been processed and finalized by the respondents in terms of the order dated 30th of July, 2012.
Justice MK Hanjura after hearing both the sides allowed the petition the impugned order No. CEMK/368 of 2012 dated 8th of December, 2012, charge-sheet dated 7th of July, 2012, show cause notices dated 18th of October, 2012 and 16th of November, 2012 as also the order of dismissal of the petitioner No. CEMK/GS/7197-7206 dated 28th of December, 2012, issued by the respondent No.2, are quashed. Justice MK Hanjura also directed respodents to consider the case of the petitioner for his appointment as Senior Assistant from the date he was ordered to function as such till such time that he died on the same analogy as have been evolved in the cases of his other colleagues, whose cases have been processed and finalized by the respondents vide order dated 30th of July, 2012.
His pay and other consequential benefits shall also be released in favour of his legal heirs. JNF

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