Jammu & Kashmir High Court - Srinagar Bench
State Of J&K And Anr vs Abdul Rashid Itoo And Ors on 23 August, 2012
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR LPA No. 41 of 2012 State of J&K and anr. Petitioners Abdul Rashid Itoo and ors. Respondents !Mr. Shuja-ul-Haq, Advocate ^Mr. Tasaduq H. Khawaja, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Muzaffar Husssain Attar, Judge Date:23/08/2012 : J U D G M E N T :
M. M. Kumar, CJ The instant appeal is directed against interim order dated 07.05.2010, passed by the learned Single Judge, staying operation of the order dated 15.10.2009 (Annexure P-J) concerning cancellation of regularization of the writ petitioner-respondent. The learned Government counsel has pointed out that staying operation of the cancellation order impugned in the writ petition would result into permitting continuation of all such employees who were not in service on 29.10.2009 or it may be taken as a ruse for them to come back and claim salary without working.
Mr. T. H. Khawaja, learned counsel for the writ petitioner- respondent has not joined issue on the proposition that those who were not in service on the day of passing of the order on 29.10.2009 were not entitled to the benefit of the interim order. Accordingly, we modify the interim direction issued by the learned Single Judge by granting status quo ante as it existed on 29.10.2009. In other words, those who were in service on that date shall alone be protected by the order of this Court.
Keeping in view, the peculiar situation involving a large number of employees, we request the learned Single Judge to take up the matter at an earliest date, preferably within a period of two months, as pleadings are complete.
The Registrar Judicial is directed to list the matter as per the Roster, high up in the list.
The appeal along with connected CMP(s) stands disposed of.
(Muzaffar Hussain Attar) (M. M. Kumar)
Judge Chief Justice
Srinagar
23.08.2012
Parshant