Union Of India And Others vs Through: Mr Nazir Ahmad Bhat
2023 Latest Caselaw 1264 j&K/2

                                                                                   S. no. 37
                                                                                   Supp list
               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                AT SRINAGAR
                                       RSA no. 06/2020
Union of India and others
                                                                          .... Appellant(s)
                                 Through:      Mr Nazir Ahmad Bhat, Advocate

                                               v.
Sabzar Ahmad Bhat
                                                                 ... Respondent(s)
                                 Through: Mr R. A. Bhat, Advocate
CORAM:
           Hon'ble Ms Justice Moksha Khajuria Kazmi, Judge
                                          ORDER

05.10.2023 While perusing the file, the court came across the order dated 7th September, 2021, by virtue of which the following questions have been framed for determination and the counsels have been directed to assist on the said issues on the next date of hearing:-

"(i) Whether the court below is right in holding the respondent entitled to the appointment when he is not eligible.

(ii) Whether the court below is right in directing the appellants to consider respondent's appointment on the post of Cee-One and below as trainee RRB."

The questions supra appear to have been inadvertently referred to as the questions of law as these are purely the questions of fact. In the circumstances, and after having perused the pleadings on the file, the substantial questions of law are reframed for determination as under:

"1. Whether the appeal preferred by the appellants against the judgment and decree of Sub Judge (CJM) Pulwama, passed in case titled Sabzar Ahmad Bandh v Union of India and others on the consensus of the appearing parties, was rightly dismissed as time barred?

2. Whether an appeal would lie against the judgment and decree passed on the mutual consensus of the parties?"

Let the appearing counsel for the parties assist the court on the questions framed above on the next date of hearing viz. 30.10.2023.

(Moksha Khajuria Kazmi) Judge Srinagar 05.10.2023 Amjad Lone, Secretary