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Jammu and Kashmir Court August 2015 Judgments

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Aug 11 2015

Mir Rehmat-U-Lah and Another Vs. State and Others

Court: Jammu and Kashmir

Decided on: Aug-11-2015

(This judgment delivered at Srinagar Bench) Oral: 1. The petitioners and private respondents are both physically challenged persons. They are working in the Department of Radiology in Sher-i-Kashmir Institute of Medical Sciences (SKIMS), Srinagar. 2. In terms of order No. 12-SKIMS of 2014 dated 14-02-2014, the private respondents have been appointed by way of promotion on the posts of Technologists Grade-II from the post of Technologist Grade-I in the pay scale of Rs. 9300-34800+GP Rs. 4260. It is provided in the order that the order of promotion shall take effect subject to conditions contained in Government order No. 362-GAD of 1992 dated 29-04-1992. It is this order which is called in question in this writ petition on the principal ground that the private respondents are junior to the petitioners. Copy of the final Seniority List of Technician-I/II, as on 30-09-2011, has been placed on record by the petitioners as annexure (A) to indicate that they figure at S.NOs. 3and4 in the cate...


Aug 11 2015

Abdul Aziz Hafiz and Others Vs. State of JK and Others

Court: Jammu and Kashmir

Decided on: Aug-11-2015

(This Judgment Delivered at Srinagar Bench) Oral Order: One Mst. Rahti, Estate Holder, was married to Wali Mohammad Hafiz who contracted 2nd Marriage with Mst. Fazi. Mst. Rahti begot two daughters and one son namely Mst. Fazi, Mst. Azizi and Ali Mohammad to Wali Mohammad Hafiz, her husband. The 2nd wife Mst. Fazi begot Abdul Aziz, Abdul Rashid, Mohammad Shafi and Mohammad Latief to Wali Mohammad Hafiz. Mst. Fazi is respondent no. 4 in this writ petition and children of Wali Mohammad Hafiz by Mst. Fazi are petitioners in this writ petition. Mst. Azizi and Ali Mohammad died issueless. The Property of Mst. Rahti was mutated in the name of Ali Mohammad Hafiz the real brother of respondent no. 4 and in terms of order on mutation No. 134, the Estate of Ali Mohammad S/o Rahti and brother of respondent no. 4 was mutated in favour of respondent no. 4 and she was given one share excepting Khewat No. 114 and rest of the Estate was mutated in the name of present petitioners. This Mutation order wa...


Aug 07 2015

Satesh Chander Kuthiala and Others Vs. State of JK and Others

Court: Jammu and Kashmir

Decided on: Aug-07-2015

(This Judgment Delivered at Srinagar Bench) Oral Order: 1. The petitioners pray for issuance of Writ of Mandamus, directing the respondents to restore the possession to the petitioners 1 to 6, to the extent of land measuring 367 Kanals comprising of Khewat no. 314 Min, situated at Saloora, Tehsil and District Ganderbal, Kashmir. 2. In the alternative it is prayed that respondents be directed to pay compensation to the petitioners in respect of the above land in accordance with the provisions of JandK Land Acquisition Act. The basis of praying for issuance of aforesaid directions inter-alia is that one Lala Mangat Ram who passed away on 30th May, 1958, was owner in possession of land measuring 1353 Kanals 19 Marlas comprising of Khewat No. 314 situated at Saloora, Tehsil and District Ganderbal, Kashmir; the land was purchased from one Prethivi Maya Singh adopted son of Thal Dhan Singh by way of duly registered Sale Deed no. 1481 in the year 2003 (Bikrimi) i.e., 1946 A. D, for a consider...


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