PANKAJ GUPTA Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Leave granted.

(2.) The appellants in these civil appeals are Class IV employees in the State of Jammu and Kashmir. They were all appointed in 1997 and ever since their appointment, they have been working as Orderlies, Process Servers, Guards, etc. The appointments of these appellants were challenged by the respondents on various grounds. The respondents alleged that there was no advertisement calling for applications to fill up the vacancies of Class IV employees and the names of these appellants were suggested by the Members of the Legislative Assembly and Legislative Council and the heads of various departments appointed these appellants based on such recommendations. The learned Single Judge before whom the various writ petitions came up for consideration held that the appointments of these appellants were illegal and were not made in accordance with law. The appellants herein contended that on 11-11-1997, there was a Government decision made by the State of Jammu and Kashmir pursuant to a detailed discussion on the floor of the Legislative Assembly regarding lack of proper representation of rural masses as compared to urban candidates in Government jobs. It was probably felt that only persons staying in urban areas, who alone could get adequate education, and thereby obtained Government jobs and it was in circumstances that various Members of Legislative Assembly and Legislative Council made their recommendations for appointment of these appellants to Class IV posts.

(3.) The learned Single Judge, after elaborate discussion on the matter held that appointments of these appellants were illegal and they were liable to be removed from service. These appellants preferred an appeal and by the impugned judgment, the Division Bench confirmed the judgment of the Single Judge.