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Judgment
Massodi, J.—The Letters Patent Appeal is directed against judgment and order dated 18th March 2009 in SWP No.242/1997 whereby
the Writ Court has dismissed appellant's writ petition.
The background facts are as under:-.
The appellant was engaged as Daily wager in Food & Supplies Department somewhere in 1979. The appellant continued as such till 1983, when
the appellant because of his absence from duty on account of indisposition was disbanded. However, the appellant was reengaged vide order
No.Dfsk/Adm/Rtg/223/829 dated 14.1.1984. The intervening period was treated as period without wages. The services of appellant were later
regularized. vide order No.65-DFSK of 1994 dated 24.1.1994 and the appellant appointed as Watchman in the pay scale of 750-940. The
appellant continued to serve the respondents till the appellant lost his father and was taken ill in June 1994, whereafter the appellant submitted his
resignation from the post. The appellant's resignation was accepted by respondent No.3 i.e., Deputy Director (Adm) Food & Supplies
Department, Kashmir, Srinagar w.e.f. 12.9.1994. The or
