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Documents citing State Of J&K And Others vs Ulfat Ara And Others on 27 November, 2020

Ulfat Hussain & Ors vs Ut Of J&K on 16 June, 2022

3. The instant Criminal Appeal has been directed against the judgment of conviction and order of sentence dated 30.05.2022, rendered by the Court of learned Principal Sessions Judge, Poonch in case file No. 19/Sessions titled „State vs Ulfat Hussain & Ors‟ arising out of FIR No. 205/2013 of Police Station, Surankote whereby the appellants have been found guilty for commission of offences punishable under Sections 316, 324, 323 r/w Section 34 of the RPC and accordingly all the accused persons other than Naseem Akhter were convicted for the commission of offence u/s 316, 324, 323, 34 RPC and are sentenced to undergo simple imprisonment of three years and a fine of Rs. 2000/, while as accused Naseem Akhter was sentenced for a simple imprisonment of six months and fine of Rs. 1000/-for offences u/s 324, 323, 34 RPC.
Jammu & Kashmir High Court Cites 6 - Cited by 0 - M Lal - Full Document

State vs Abdul Latif Wani on 25 August, 2023

7 In that view of the matter, we of the considered opinion that the judgment passed by the Writ Court directing the appellant herein to consider 4 the case of the writ petitioner for his regularization under Government order dated 06.11.2001 is not sustainable. Learned counsel appearing for the respondent/writ petitioner has, however, brought to our notice the judgment passed by a Division Bench of this Court in the case of State and others vs. Ulfat Ara and others, 2020 (6) JKJ(HC) 355 wherein the Division Bench relying upon its earlier judgment in the case of Rabia Shah vs. State and others 2017 (1) JKJ (HC) 490 has directed regularization of the petitioner therein who had completed seven years' continuous ad hoc service as on the date of commencement of the Act, to be given regularization w.e.f 150 days after the appointed date.
Jammu & Kashmir High Court Cites 6 - Cited by 0 - S Kumar - Full Document

Ghulam Rasool Bhat & Ors vs Government Of J&K & Ors on 19 December, 2025

In the said case, the Supreme Court did not interfere with the judgment in Ulfat Ara's case (supra) but it was clarified that if there are instances where seven years period is completed by the employee beyond the appointed date, they would be governed by second proviso to Section 5 of the Act. Thus, the Supreme Court did not express any opinion as regards a situation where an appointee has completed seven years period beyond the appointed date.
Jammu & Kashmir High Court - Srinagar Bench Cites 8 - Cited by 0 - S Dhar - Full Document

Hafiz-Ul-Rehman vs Hirdesh Kumar & Anr on 28 January, 2026

03. So far as the issue relating to grant of benefit of regularization retrospectively under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 is concerned, there are divergent opinions expressed by co-equivalent benches of this Court. While Division Benches of this Court in State of J&K & ors Vs. Afaq Rasool Gadda and ors, 2017 (II) SLJ, 720, Mrs. Rabia Shah Vs. State of J&K & ors, 2017 (1) JKJ HC 490 and State of J&K & ors Vs. Ulfat Ara and ors, LPA(SW) No. 39/2019 decided on 27.11.2020, have held that regularization of an eligible adhoc/contractual/consolidated employee has to take effect immediately after the appointed date in a case where such appointee has completed seven years of service before the appointed date but another Division Bench of this Court in the case of Abdul Majid Magrey Vs. State of J&K & ors, LPA(SW) No. 29/2019 decided on 18.05.2022 has, after considering the ratio laid down in the earlier judgments, taken a different view by holding that regularization cannot be from an earlier date other than the date of regularization.
Jammu & Kashmir High Court Cites 4 - Cited by 0 - S Dhar - Full Document
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