FAYAZ AHMAD KALAS Vs. JK STATE FOREST CORPORATION
LAWS(J&K)-2020-9-37
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 21,2020

Fayaz Ahmad Kalas Appellant
VERSUS
Jk State Forest Corporation Respondents


Referred Judgements :-

COOPER V. WANDSWORTH BOARD OF WORKS [REFERRED TO]
CANARA BANK VS. V K AWASTHY [REFERRED TO]


JUDGEMENT

Ali Mohammad Magrey, J. - (1.)Both these petitions, being SWP No.352/2012 and 354/2012, arise out of the orders passed by the Managing Director, J&K State Forest Corporation (hereinafter referred to as 'the respondent-Corporation'), viz. SFC Order No. 62 of 2012 dated 24th of February, 2012 and SFC Order No. 63 of 2012 dated 24th of February, 2012, respectively, whereby the services of the petitioners as Grading Assistants/ Attendants have been disengaged. Accordingly, having regard to the fact that both these petitions involve similar questions of facts and the law, same have been clubbed together for decision.
(2.)The petitioners claim to have been appointed in the respondentCorporation way back in the year 2010 in terms of SFC Order No. 238 of 2010 dated 26th of April, 2010. After qualifying the 'Performance Test' within one month from the date of their appointment, as was provided in their order of appointment, the services of the petitioners were regularized by the respondent-Corporation in terms of SFC Order No. 468 of 2020 dated 30th of June, 2010 and SFC Order No. 518 of 2010 dated 27th of July, 2010. Thereafter, by SFC Order bearing No. 62 of 2012 dated 24th of February, 2012 and SFC Order No. 63 of 2012 dated 24th of February, 2012, the Managing Director, J&K State Forest Corporation/ respondent No.2, terminated the services of the petitioners on the ground that their services as Grading Assistants/ Attendants are no longer required in the respondent-Corporation. It is these termination orders that have been challenged by the petitioners through the medium of these two petitions.
(3.)By orders dated 5th of March, 2012 passed in SWP No. 352/2012; CMP No. 519/2012 and 29th of February, 2012 passed in SWP No. 354/2012; CMP No. 539/2012, the operation of both the impugned orders has already been stayed by this Court, meaning thereby that the petitioners are continuing to discharge their duties in the respondent-Corporation.
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