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2026 DAILYLAW 3393 (JK)

CHABI DEVI v. UPENDRA DWIVEDI PRESIDENT(AWES) AND ORS

CCP(S)/135/2025 · 2026-09-26

Rajnesh Oswal

Writ Petition (Civil)body2026

Judgment text

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54 Supp IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) 135/2025 c/w i)WP(C) 493/2025 CHABI DEVI ….. Petitioner(s) Through: Mr. Muazim Nasir, Advocate. vice Mr. Z A Qureshi, Sr. Advocate. V/s UPENDRA DWIVEDI PRESIDENT(AWES) AND ORS ….. Respondent(s) Through: Mr. Faizan Ganai, CGC vice Mr. T M Shamshi, DSGI. Coram: Hon’ble Mr. Justice Rajnesh Oswal, Judge ORDER 26.09.2026 WP(C) No. 493/2025: 1. This writ petition has been filed by the petitioner for quashing the order of termination of the petitioner dated 23.01.2025 and show cause notices dated 11.10.2024, 31.10.2024 and the inquiry conducted, if any, pursuant thereto and further commanding the respondents to allow the petitioner to continue and discharge her duties/work at the Army Public School, BB Cantt, Srinagar. 2. The petitioner was working as Peon in the Army Public School and in terms of order dated 23.01.2025, her services have been terminated. 3. The respondents in their response have raised a preliminary objection with regard to the maintainability of the petition on the ground that the Army Public School is governed by AWES, a private unaided P a g e | 2 CCP(S) 135/2025 c/w i)WP(C) 493/2025 body, therefore, in terms of the judgment of the Hon’ble Supreme Court of India in case titled Army Welfare Education Society, New Delhi Vs. Sunil Kumar Sharma and Others, the present writ petition is not maintainable. 4. Learned counsel for the petitioner has not been able to demonstrate any distinguishing feature viz-a-viz the claim projected by the petitioner and the ratio laid down by Hon’ble Supreme Court of India in case titled Army Welfare Education Society, New Delhi Vs. Sunil Kumar Sharma and Others (2024) 16 SCC 598. 5. In view of the above, the present writ petition is not maintainable. Accordingly, the same is dismissed leaving the petitioner free to avail appropriate remedy in accordance with law. 6. Needless to say, that the time consumed by the petitioner in prosecuting this writ petition shall not come in her way while availing the aforesaid remedy as is available under law. CCP(S) No. 135/2025: 7. With the dismissal of the main writ petition as above, the proceedings against the respondents are dropped and the contempt petition is disposed of accordingly. (Rajnesh Oswal) Judge SRINAGAR 26.09.2026 Aasif