JAGDISH RAJ Vs. STATE OF J&K

JUDGEMENT

(1.) Dealing with the Contractual appointment of Palwarics in Irrigation and Flood Control Department of the Stale Government, the District Development Commissoner. Rajouri, the Chairman. Contractual Appointment Committee rec-ommended petitioner-Jagdish Raj's case to the Commissioner /Secretary to Govern-menl, General Administration Department for relaxation of age against one of the posts in the Reserved Category of Actual Line of Control vide his Communication Mo. PS/ Contractual/R/2008-09/4054-55 dated 16.10.2008. It was after about a month's time that the District Development Commissioner regretted inadvertent reccommendation of the petitioner's case saying that as per the merit list already supplied to the Commissioner, it was Vijay Kumar who was required to be recom-mended for relaxation of age for engagement against the position reserved for candidates belonging to the Category of Actual Line of Control (ALC) and not the petitioner who was below in merit. The General Administration Department, accordingly, approved Vijay Kumar's appointment relaxing upper age by three months and nine days.

(2.) Aggrieved by the action of the State functionaries, the petitioner approached this Court by his Writ Petition SWP No.282/2009 seeking quashing of District Development Commissioner, Rajouri's Communication No. PS/Contrac-tual/R/2008-09/4365-67 dated 14.11.2008 and General Administration Department's OM No. GAD (Adm) 364/2007-V dated 14.01.2009 urging that the respondents' Communications were bad in law, in that, the petitioner had not been heard by them before issuance of the Communications.

(3.) During the pendency of the Writ Petition, the petitioner filed yet another Writ Petition SWP No.1343/2009 seeking quashing of Government Order No. 169-PW(Hyd) of 2009 dated 09.06.2009 whereby Vijay Kumar Chouhan-respondent No.6 was engaged as Patwari on Contractual basis urging that the appointment was in violation of the interim order dated 13.02.2009 in his earlier Writ Petition.