MOHAMMAD FROOQ MIR Vs. STATE
LAWS(J&K)-1999-11-15
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 01,1999

Mohammad Frooq Mir Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) Heard.
(2.) Petitioner, initially temporarily appointed against Class IV vacancy in Education Department by Deputy Commissioner Budgam on 22.2.1993 (annexure C) has been continued under orders of District Education Officer and DC Budgam till petitioner filed SWP No. 1305/93. The petition was disposed of on 27.11.1998 with directions as under :- ".....What is to the favour of the petitioner is that by now he has put in more than 5 years on the establishment of the Respondent, therefore, deserves to be continued till selection in accordance with the mode prescribed under law is evolved and the petitioner shall have a right of the consideration in such process. His past service shall also be taken into consideration. The petitioner shall be paid salary in accordance with the Rules. Writ petition is disposed of accordingly....."
(3.) The petitioner's case now is that the mode of selection of class IV has not been evolved and the direction as above is not being implemented. The respondents despite having the powers to regularise, are not regularising the services of the petitioner and in case services of petitioner are dispensed with, the same would breach above direction of the Court. On this premise petitioner is seeking relief for placing restraint on respondents to dispense with the services of the petitioner and prays for command to accord consideration to the petitioner in terms of the earlier Court order.;


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