NAZIR AHAMAD WANI Vs. STATE & ORS.

JUDGEMENT

(1.) The petitioner, appointed as Assistant Controller Drugs vide Government order No. 260-HME of 2003 dated 20th March 2003, appears to have spent most of past seven years in law courts than in discharge of his official duties.

(2.) The petitioner after his appointment has filed as many as six writ petition registered as SWP No.343/2004, SWP No. 599/2004, SWP No. 1085/2005, SWP No. 1619/2006, SWP No. 02/2007 and SWP No. 1654/2009. The rounds of litigation initiated by the petitioner have triggered counter cases by his opponents-promotee Assistant Controller Drugs /Assistant Drug Analysts. Ms. Irfana Ahamad/Assistant Controller Drugs filed two writ petitions registered as SWP 821/2005 and 549/2005, Sh. Mushtaq Ahmad Khateeb a colleague of the petitioner filed SWP No. 382/2004.

(3.) The writ petition, bearing SWP No. 343/2004 was dismissed vide order dated 6.7.2004 and petitioner held not entitled to continue as Deputy Controller Drugs Kashmir, even as a stopgap arrangement. The writ petitions 599/2004 and 1085/2005 came to be decided vide order dated 2nd June 2006 along with other two petitions filed by one of the promotee Assistant Drug Controller/ Assistant Drug analyst. The petitioner was held to have been validly appointed as Assistant Controller Drugs vide order dated 20.3.2003, though the petitioner, in the recommendations forwarded by Public Service commission vide letter No. PSC/DR/3/ Assistant Drug/2Y dated 31.10.2002, was placed in the waiting list. The respondents were directed to consider the case of other Assistant Controller Drugs promoted on adhoc basis subject to clearance of the Departmental Promotion Committee and on completion of the process prepare a seniority list, placing the promotee Assistant Controller Drugs and direct recruits at their respective places in accordance with rules.