HILAL AHMAD BHAT Vs. STATE

JUDGEMENT

(1.) Appointment notice was issued by official respondents, wherein, besides others, sixty posts of Junior Engineers Civil were also notified. From out of sixty posts, six posts under RBA category were notified. The appointment was to be on contractual basis, and initially for a period of two years. In the appointment notice it was also provided that on completion of contractual period of two years the employees shall be considered for continuation subject to their satisfactory perfor mance. The petitioner responded to the said notification and sought consideration for being appointed under RBA category. Petitioner was selected and appointed and on 10th of Sept. 2011executed agreement with official respondents.

(2.) Order No. PCD/187 of 2011 dated 15th Sept. 2011 provided that in the interest of the Corporation and pursuant to the signing of Agreements, contractual Junior Engineers who had joined JKSPDC in response to notification dated 27.08.2011 were ordered to be posted in different places. The petitioner was posted with C.E (E) BHEP.

(3.) As per the material placed on record (annexure p-5) petitioner submitted joining report which was received by the Chief Engineer (E) Baglihar H.E. Project Chanderkote on 25th Nov. 2011. Along with the joining report as per the commu nication of Chief Engineer addressed to the Managing Director J&K State Power Dev Corpn. Jammu dated 05.12.2011 (annexure P-5) the petitioner had also ap pended prescription of Doctor and medical certificate to the effect that he was advised bed rest till 15th Nov. 2011. The Chief Engineer sought advice from the Managing Director as to whether the joining of the petitioner could be considered w.e.f 25th Nov. 2011.