Reyaz Ahmad Bhat And Others vs High Court Of J&K And Others
2021 Latest Caselaw 249 j&K/2

     S. No. 210
     After Notice
                               HIGH COURT OF JAMMU AND KASHMIR
                                           AT SRINAGAR

                                           SWP no. 58/2017

     Reyaz Ahmad Bhat and others
                                                               .... Petitioner(s)
                                       Through: Mr Omais Kawos, Advocate

                                                   V/s
     High Court of J&K and others
                                                                   ... Respondent(s)
                                       Through: Ms Masooda Jan, Advocate
      CORAM:
                          Hon'ble Mr Justice Ali Mohammad Magrey, Judge
                              Hon'ble Mr Justice Puneet Gupta, Judge
                                                ORDER

01.03.2021 By this writ petition, the petitioners seek a writ of Certiorari for quashing the proviso to Section 5 of the Jammu and Kashmir (Special Provisions) Act, 2010, so far as it provides that regularization will take effect from the date of such regularization. Besides quashment of Section 9 of the said Act is also sought for to the extent it provides counting of services from the date of regularization. Petitioners have also prayed for a writ of Mandamus to the effect that the respondents be directed to count the services of the petitioners with effect from the date of their initial/ adhoc appointment for all practical purposes including seniority.

We have heard learned counsel for the parties and considered the submissions.

The subject matter of the writ petition is already covered by the judgment of this Court delivered in case titled Suhail Maqbool Dar v. State of J&K and others bearing SWP no. 2127/2016; decided on 4th June, 2020, wherein the Court after taking an overall view of all the relevant factors, has declined the relief and dismissed the writ petition of the petitioner. Being similar, the writ petition in hand is also dismissed on the same lines along with connected CM(s). Interim direction, if any, shall stand vacated.

                                         (Puneet Gupta)        (Ali Mohammad Magrey)
                                                Judge                     Judge
AMJAD Srinagar
        AHMAD LONE
2021.03.04 17:16
      01.03.2021
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