JUDGEMENT
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(1.) Leave granted.
(2.) The challenge in this appeal is against the order of the High Court of Jammu and Kashmir dated 2nd July, 2015 whereby while hearing a contempt petition the High Court had directed that the benefit of retrospective appointment with effect from 1997 be given to the petitioners in the contempt petition (respondents herein).
(3.) The brief facts that will be required to be noticed are as follows:
In the year 1997 a recruitment process for filling up vacancies of Physical Education Instructors was initiated. The respondents - contempt petitioners were not selected. They moved the High Court by way of a writ petition. The learned single judge of the High Court by order dated 23rd April, 2001 while finding fault with the selection thought it proper not to interfere with the selection and appointments made but in view of the fact that there were 15 vacant posts still available directed due consideration of the cases of the respondents - contempt petitioners. The said order was carried in appeal by the appellant. The appeal filed by the appellant was dismissed on 17th May, 2012. Thereafter, it appears that pursuant to the aforesaid orders of the High Court, the respondents - contempt petitioners were appointed. Alleging that their appointment should have been made retrospectively from 1997 when the others were appointed, the contempt petition in question was filed by the respondents herein wherein the impugned directions were issued. Aggrieved, the appellants are in appeal before us. ;
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