VIJAY SINGH CHARAK Vs. UOI

JUDGEMENT

(1.) This appeal has been filed against the impugned judgment of the Jammu and Kashmir High Court dated 26.5.1999 in LPA (SW) No. 222/99.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The facts of the case are that a Select List dated 28.3.1991 was prepared for induction of State Forest Service officials of Jammu and Kashmir into the Indian Forest Service (hereinafter referred to as 'IFS'). The appellant's name figured in the Select List at serial number 26. The total number of vacancies were 35, and hence ordinarily the appellant should have been selected and appointed. However, the Select List was challenged in a batch of writ petitions which were disposed of by a Division Bench of the High Court dated 12.3.1993. The operative portion of that order states : "This order will dispose of writ petitions Nos. 400/90. 80, 249, 618, 933, 619, 1395 of 1991, 264, 208, 287 and 266 of 1992, because they raise a common question of law and fact. Learned counsel for the respondent-State has placed on record a copy of the communication dated 11.3.1993 wherein it has been stated : In case the petitioners withdraw the writ petitions, Government shall refer the proposed select list of IFS of 1991 back to the Selection Committee where the points raised by the petitioners and respondents will be considered under rules by the said Selection Committee. The final list approved by the Selection Committee shall be final and binding on the parties. In view of the above assurance, learned counsel for the petitioners submit that they do not want to press the writ petitions and the same be dismissed as withdrawn. We order accordingly".