VIJAY KUMAR Vs. UNION OF INDIA
HIGH COURT OF JAMMU AND KASHMIR
UNION OF INDIA
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GITA MITTAL,C.J. -
(1.)The appellants have laid a challenge to the judgment dated 3rd July 2019 whereby SWP Nos.43/2018, and 1159/2018 and SWP No.536/2019 [WP(C) No.970/2019] have been rejected. After hearing learned counsel for the parties, by our order dated 10th March 2020, we have dismissed the challenge. We now record the reasons for this order.
(2.)These writ petitions were concerned with the appointments effected by the official respondents pursuant to an advertisement notification dated 17th February 2017 for recruitment of eligible male/female candidates for the post of Fireman (male only), Tele Optr Gde-II, Tradesman (Mate), Civilian Motor Driver, Safaiwala, LDC, Stenographer GDE-II and Material Assistant in different Depots and Units of the Northern Command of the Indian Army.
(3.)Swp Nos. 43/2018 and 536/2019 were filed assailing the very advertisement on the ground that it did not provide for preference to the petitioners who had served in the Indian Army as porters in 'Operation Vijay' conducted by the Indian Army in the year 1999. This challenge rested on the grievance of the writ petitioners that in term of the judgment of the Supreme Court reported at Yash Pal and others vs. Union of India and others, 2017 3 SCC 272 the writ petitioners, who had served as porters during 'Operation Vijay' in the year 1999 were entitled to the preference in the matter of appointments to the post of Mazdoors. The grievance was that the advertisement dated 17th Feb. 2017 did not make any provision for preference to such porters; and that, instead a general advertisement was issued inviting applications from all inter alia two regular posts of Mazdoors in the different depots and units of the Northern Command of Indian Army.
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