Mohammad Altaf Dar vs State Of J And K And Ors
2025 Latest Caselaw 636 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Mohammad Altaf Dar vs State Of J And K And Ors on 4 February, 2025

Author: Sindhu Sharma

Bench: Sindhu Sharma

                                                         3Serial No. 13
                                                         Reg. Cause List

        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT SRINAGAR

                             SWP 2201/2018

MOHAMMAD ALTAF DAR                                        ... Petitioner(s)

Through:    Ms. Asifa Padro, Advocate &
            Mr. Saiful Malik, Advocate

                                    Vs.



STATE OF J AND K AND ORS.                                ...Respondent(s)



Through:    Mr. Mr. Alla Ud Din Ganai, AAG.


CORAM: HON'BLE MS. JUSTICE SINDHU SHARMA, JUDGE.

                                 ORDER

04.02.2025

In terms of the judgment dated 10.12.2024 passed by the Division Bench in LPA o. 214 of 2024 titled "Mohammad Yousuf Dar Vs. Union Territory of J&K through Commissioner/ Secretary to Government, School Education Department, Srinagar" it was clarified in para 19 as under:-

It needs to be clarified that closing of Rehbar-e-Taleem Scheme vide Government Order No. 919-Edu of 2018 dated 16.11.2018 would not affect the instant case for two reasons:-

i. That the selection process in this case was concluded and had culminated into issuance of the order of engagement. ii. That the writ petition in which the engagement of respondent-Nazir Ahmad Dar was under challenge was subjudice when the Government Order No. 919-Edu of 2018 came to be issued.

Closure of the scheme, therefore, does not affect the engagement, if any, made prior to the closure of the scheme and the litigation in respect thereof, if any, pending at the time of closure of the scheme.

These clarifications are also applicable to present petition also, therefore, closure of the scheme under Government Order No. 919-Edu of 2018 dated 16.11.2018 would have no effect on this case.

The petitioner in the amended petition has challenged the order of regularization, therefore, this petition would be considered by the Central Administrative Tribunal, Srinagar in the first instance and is accordingly transferred to Central Administrative Tribunal, Srinagar.

Parties are directed to appear before the Central Administrative Tribunal, Srinagar on 15th April 2025.

Petition stands disposed of.

(SINDHU SHARMA) JUDGE SRINAGAR:

04.02.2025 "S. NUZHAT"