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2025 DAILYLAW 8176 (JK)

UNION TERRITORY OF J AND K AND ORS. (SCHOOL EDUCATION) v. RIFAT ARA AND ORS.

LPA/177/2024 · 2025-08-01

Sanjeev Kumar, Vinod Chatterji Koul

body2025

Judgment text

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Serial No.19 REGULAR CAUSE LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(4062/2024) IN LPA 177/2024 UT OF JK AND OTHERS. …Petitioner(s) Through: Mr. Faheem Nisar Shah, GA Vs. RIFAT ARA AND ORS. ...Respondent(s) Through: Respondent No. 3 present in person. CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 01.08.2025 1. This is an application seeking condonation of delay of 2182 days in preferring the Letters Patent Appeal against an order and judgment dated 23rd May, 2018, passed in SWP No. 543/2017. The delay is sought to be explained by the applicants by submitting that the delay was on two counts. One was procedural delay in processing the case and taking a decision for filing the appeal and second because of Covid-19 pandemic. 2. We have considered the submissions made in the application and we are not convinced that the cause shown is sufficient for persuading this Court to condone this huge delay of more than 2000 days. Arif Hameed I attest to the accuracy and authenticity of this document 01.08.2025 3. Otherwise also, we have considered the merits of the appeal as also perused the judgment impugned and we find that there is no legal infirmity in the judgment which calls for interference in this appeal. Since in the earlier round of litigation, the respondent was held entitled to be regularized as General Line Teacher w.e.f. 5th August, 2008, as such, there was no reason or justification to deny her the salary for the period w.e.f. 5th August, 2008, till she was actually regularized by way of a formal order as General Line Teacher. The writ Court has correctly taken note of the fact that the respondent had performed duties as Teacher during the aforesaid period. 4. For the foregoing reasons, we do not find merit in the application and the same is accordingly dismissed. Consequently the appeal shall also stand dismissed. (VINOD CHATTERJI KOUL) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 01.08.2025 “Mir Arif” Arif Hameed I attest to the accuracy and authenticity of this document 01.08.2025