Afsha Rashid vs Union Territory Of Jk & Ors
2021 Latest Caselaw 309 j&K/2

                                                                                               Serial No. 103
                                                                                            Supplementary-1 List

                               HIGH COURT OF JAMMU AND KASHMIR
                                         AT SRINAGAR


                                                                                  WP(C) No.453/2021
                                                                                   CM No.1424/2021

           Afsha Rashid
                                                                                       ..... Petitioner(s)
                                                  Through: -
                                       Mr A. M. Dar, Senior Advocate with
                                          Ms Minsha Latief, Advocate.

                                                          V/s
           Union Territory of JK & Ors.
                                                                                     ..... Respondent(s)

CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge.

Hon'ble Mr Justice Puneet Gupta, Judge (ORDER) 15.03.2021 In this petition, the petitioner, inter alia, is seeking the grant of

following relief(s) in her favour:

"It is therefore humbly prayed that for the submissions contained herein above and in the interest of justice, the Hon'ble Court may be pleased to issue writ of mandamus thereby commanding the respondents/ respondent No.2 to extend the same benefit to the petitioner, as has been granted by this Hon'ble Court in favour of the writ petitioners in SWP No.877/2019 [WP(C) No.1410/2019] titled Latif Hussain Khan & Ors v/s State and Ors on the same analogy to meet the ends of justice as for all practical purposes, the petitioner is similarly circumstanced with those writ petitioners in SWP No.877/2019 titled Latif Hussain Khan & Ors v/s State and Ors in the interest of justice.

(i) Accord consideration of promotion to the post of Sr. Assistant to the petitioner with all the financial benefits attached to higher post; and

(ii) Fix and grant pay scale, by appropriate amendment in Jammu and Kashmir High Court Staff (appointment and conditions of service) rules 2002, similar to that of Delhi and Punjab High Courts with retrospective effect from the date of her respective appointment as restorer in High Court of Jammu and Kashmir.

(iii) Any other writ, order or direction that may be, appropriate in the facts of the case may also be issued in favour of the petitioner. Petitioner may also be awarded costs of this petition."

TAHIR MANZOOR BHAT 2021.03.15 16:41 I attest to the accuracy and integrity of this document We heard the learned Senior counsel appearing on behalf of the

petitioner, perused the pleadings on record and have considered the matter.

Going by the nature of relief sought for herein this petition,

coupled with the submissions made at the Bar by the learned Senior counsel

representing the petitioner, we deem it just and proper to dispose of this

petition, at its threshold, by providing that the respondents shall consider the

case of the petitioner herein in tune with the judgment passed by this Court in

'SWP No.877/2019 [WP(C)No.1410/2019]' titled 'Latif Hussain Khan &

Ors. V. State and Ors.', of course, if the same is applicable to the case of the

petitioner herein as well. We order, accordingly.

Writ petition disposed of as above, alongwith the connected

CM(s).

                                     (Puneet Gupta)            (Ali Mohammad Magrey)
                                        Judge                             Judge
           SRINAGAR
           March 15th, 2021
           "TAHIR"




TAHIR MANZOOR BHAT
2021.03.15 16:41
I attest to the accuracy and
integrity of this document