ARSHAD HUSSAIN Vs. CHAIRMAN, J&K BANK
LAWS(J&K)-2008-5-59
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 16,2008

Arshad Hussain Appellant
VERSUS
Chairman, JAndK Bank Respondents




JUDGEMENT

- (1.)SINCE common issues for determination arise in these appeals, all these cases are for connivance (sic) sake, taken up for consideration and disposal by this common judgment.
(2.)THESE appeals are directed against the judgment of 3rd Additional District Judge, Srinagar in file nos: - 10/numberi, 13/Numbri, 22/Numbri, 16/Numbri, of 1998 dated 3 1.8.2006, 22/Numbri of 1999.
(3.)THE brief facts and the earlier history of the case is that respondent -Bank (J&K Bank Ltd.) notified various posts of cashier -cum -clerk/typist -cum -clerk in the pay -scale of Rs. 1750 -4775 vide advertisement notice no. Per/Rectt/97 -1580 dated 2.6.1997. The appellants in CIA Nos: 67,68 & 69 of 2006 and 58 of 2007 alongwith other eligible candidates applied but they have not been selected. Feeling aggrieved of their non -selection they alongwith some other unsuccessful candidates who have now withdrawn from these cases, filed separate suits before the trial Court which were heard and disposed of by the Additional District Judge, Srinagar by a common judgment dated 16.7.2003. The Court dismissed the suits of the petitioners as it found that the selection made was in accordance with the rules. Against the said judgment the appellants filed four separate appeals bearing CIA Nos. 85/2003, 86/2003, 106/2003 and 113/2003 before this Court which were heard and disposed of by a common judgment by this Court dated 23.12.2004. This court remanded the case to the trial court with certain observations. The matter has now been considered by the trial court (3rd Additional District Judge, Srinagar) and by means of the judgments impugned he has again dismissed the suit of the appellants in CIA Nos: 67,68,69 of 2006 and 58 of 2007, while as he has allowed the suit in respect of (Plaintiffs) Mushtaq Ahmad Darzi and Gulshan Mohd. Mugloo.
It is against the dismissal of the suits that CIA Nos: 67, 68 & 69 of 2006 and 58 of 2007 have been filed.



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