MOHD HUSSAIN Vs. STATE OF J & K
LAWS(J&K)-1999-12-29
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 02,1999

MOHD HUSSAIN Appellant
VERSUS
STATE OF J AND K Respondents

JUDGEMENT

- (1.) Mr. M.I. Qadri, Sr. AAG, appears and takes notice on behalf of respondents. On submissions of counsel for the parties, the case is taken up for final hearing.
(2.) Heard. Admit. Petitioner initially appointed as Physical Education Teacher and later on promoted as Physical Education Master in 1996, is seeking consideration to the next higher post of District Youth Service and Sports Officer, on the basis of eligibility, merit and seniority in Ladakh/Kargil Division alongwith other eligible candidates. Respondents 3 and 4 have been asked to take over as District Youth Service and Sports Officers, Leh/Kargil, as purely temporary arrangement and even it has been made very clear in the order itself that they shall not lay any preferential claim based on seniority as incharge of the posts, for promotion to the said posts so long they have been put incharge in the above temporary arrangement.
(3.) Mr. Qadri, Sr. AAG, is making a statement at Bar that Respondents 3 and 4 have been asked to look after the posts of Youth Services and Sports Kargil and Leh as purely temporary/stopgap/ad hoc arrangement. They shall have no preferential claim to the two posts on the basis of this arrangement. This being so, and taking note of the above position and aforesaid statement of Additional Advocate General, at Bar, the petitioner's case for quashing the temporary arrangement is not merited, as it does not violate any of the petitioner's rights. However, the other relief, that the respondents should fill up the posts of District Youth Service and Sports Officer available in the Ladakh-Kargil Division in accordance with applicable norms and guidelines with promptness, merits consideration.;


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