STATE OF J&K THROUGH CHIEF SECRETARY, J&K GOVT AT SRINAGAR Vs. NAZIR AHMED DAR

JUDGEMENT

(1.) BY a common judgment dated 1.9.1998 the two writ petitioners of SWP No. 789/87 and SWP No. 790/87 have been given the relief after their order of termination dated 16.7,87 was quashed as under: -

(2.) THIS judgment and order is under challenge in these letter patent appeals.

(3.) WRIT petitioner Abdul Rashid Sofi was appointed as an attendant against the post of electrician and the other writ petitioner Nazir Ahmad Dar was also appointed as an attendant, class IV cadre, by respondent No 2 vide orders dated 11.4.1987 and 23.4.1987 respectively. Abdul Rashid Sofi. after his appointment, was deputed to ITI Srinagar for undergoing refresher training course for three months in electrician trade, whereas, Nazir Ahmad Dar was asked to attend the respondents units at Trial. However, on 16.7.1987 services of both the writ petitioners were terminated. The reason given was that the proposed plant of Animal Bi -product was not commissioned and that Abdul Rashid Sofi failed to produce certificate from ITI with respect to electrician trade. The learned Single Judge found that the reasons and basis for termination of the services of two petitioners were untenable and the whole assumption of respondents, the petitioner Abdul Rashid Sofi was riot trained electrician is wholly wrong and that there was no such condition that the petitioners, who were appointed on regular basis, were to be continued in service in case the contemplated plant of Animal Bi -product was commissioned. Respondents having failed to rebut the cases, as made out by the petitioners, on record, the orders were held unsustainable. The impugned orders of termination were found to have been passed without application of mind and therefore, quashed.