NARESH KUMAR Vs. STATE OF J AND K

JUDGEMENT

(1.) The dispute between Naresh Kumar-petitioner and Sudesh Kumar-respondent, leading to the filing of these two Writ Petitions pertains to the post of Foreman in the State Health Transport Organization of the Health and Medical Education Department of the State Government.

(2.) Facts necessary for determination of the dispute may be stated thus:

(3.) The Director's order was not, however, implemented leading to petitioner's approaching this Court by his Writ Petition SWP No. 745/1986 when an interim order was issued against the respondents to permit the petitioner to join as Foreman. This Writ Petition was later dismissed in default of petitioner's appearance. Its restoration, however, did not mature. The dismissal of the petitioner's Writ Petition appears to have gone un-noticed by the State-respondents who did not disturb the petitioner's continuance as Foreman despite dismissal of his Writ Petition. The petitioner filed another Writ Petition SWP No. 708/1995, which was disposed of inter alia providing as follows: