Union Territory Of Jammu And Kashmir vs. Sajad Ahmad Malik

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 4047/2021 (Arising out of impugned final judgment and order dated 27-11-2020 in LPA No. 149/2020 passed by the High Court Of Jammu & kashmir At Srinagar) UNION TERRITORY OF JAMMU AND KASHMIR & ORS. Petitioner(s) VERSUS SAJAD AHMAD MALIK & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.33927/2021-EXEMPTION FROM FILING AFFIDAVIT ) Date : 06-09-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Parth Awasthi, Adv. Ms. Taruna Ardhendumauli Prasad, AOR For Respondent(s) Mr. Firdouse Qutb Wani, AOR R-46 Mr. Md. Zaryab J. Rizvi, Adv. Mr. Musheer Zaidi, Adv. UPON hearing the counsel the Court made the following

O R D E R

Application for exemption from filing affidavit is allowed.

Learned counsel for the petitioners contends that the impugned judgment would amount to giving regularization even where no vacancy exists. She submits that judgment in Rabia Shah v. State of Jammu & Kashmir & Ors**.(COD No.159/2016) has been distinguished in the case of Suhail Maqbool Dar v. State of Jammu & Kashmir & Ors.,(Srinagar Bench), SWP No.2127/2016,** Digitally signed by Charanjeet kaur Date: 2021.09.06 16:44:45 IST Reason: Signature Not Verified

ITEM NO.4 Court 6 (Video Conferencing) SECTION XVI-A

even though the Special Leave Petition in Rabia Shah's case(Supra) was dismissed.

Issue notice.

Learned counsel for the respondent No.46 accepts notice. Remaining respondents be served dasti as well.

In the meantime, we direct that the regularization would take effect in terms of the impugned judgment for the existing vacancies. The effect is that if sufficient number of vacancies exists, all the respondents will be beneficiaries but if there is a deficiency of vacancies, then such of the respondents who by seniority would be entitled as per the existing vacancies would get the benefit, and others would get the benefit from the date the vacancy arose. The result is that regularization will take place from the date of the corresponding vacancies.

Tag with SLP [C] No.8720/2021.

(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)