MOHAMMAD HUSSAIN DAR Vs. STATE & ORS.

JUDGEMENT

(1.) By virtue of order No. 527 of 2009 dated 08.07.2009, passed by respondent SSP, Anantnag, annual increment of the petitioner has been forfeited for a period of two years treating the period of his absence/discharge with effect from 27.2.2003 to 13.9.2008 as dies-non on the principle of no work no pay. Aggrieved thereof, instant petition has been filed.

(2.) It is contended that the order has been passed in violation to the order dated 29.7.2008 passed in SWP No. 1654/2006, so deserves to be quashed.

(3.) Petitioner has been appointed as Constable on 06.06.2000. He has remained absent from duties, as a result thereof he has been discharged from service with effect from 27.2.2004 vide order No.981 of 2004 dated 27.8.2004. Said order of discharge has been question in Writ petition (SWP) No. 1654/2006 captioned Mohammad Hussain Dar v. State & ors, same has been decided on 29.7.2008 with the following direction: