MOHAMAD AFZAL BHATT Vs. STATE

JUDGEMENT

(1.) These two Letters Patent Appeals are directed against the judgement and order dated 11th December 2009, whereby Writ Court has dismissed the writ petitions filed by the appellant registered as SWP No. 1024/2007 and SWP No. 1289/2009. The back ground fads, discernible from the records, are as under:-

(2.) The appellant appointed as teacher in Education Department in the year 1995, was vide Government order No. 852-Edu of 2004 dated 21st October 2004 sent on deputation as lecturer-Statistics/Statistician to Government Medical College Srinagar, for a period of two years. The Government vide order No. 836-Edu of 2005 dated 31.12.2005 recalled the appellant from deputation. The appellant refused to leave the deputation post and instead filed a writ petition registered as SWP No. 38/2006, which was later withdrawn by the appellant, claiming that his grievances were set right, though no Government order rescinding the order No. 836-Edu of 2005 dated 31.12.2005, was placed before the Court nor such order appears to have been issued by the Government. No interim direction was, either, passed by the Court in the writ petition. The appellant nonetheless, of his own continued on the deputation post. The appellant was, thereafter, relieved of the deputation post vide order dated 11th October 2006, and asked to report to his parent department i.e. Education Department. The Government in wake of order dated 11th October 2006 ordered repatriation of appellant to his parent Department and posted one Fayaz Ahmad on deputation as Lecturer Statistics/Statistician GMC, Srinagar in place of the appellant. The appellant on 26.7.2007 assailed the order dated 11th October 2006 through the medium of SWP No. 1024/2007 and asked for quashment of relieving order No. PSMC/948-53 dated 11th October 2006 and also a writ of mandamus commanding the respondents not to relieve the petitioner from the deputation post. The Writ Court on 26.7.2007 passed an interim order directing the respondents to allow the appellant to continue till next date of hearing before the bench. Though Sh. Fayaz Ahmad posted as lecturer Statistics in Government Medical College Srinagar, vide aforementioned order joined as such in the Government Medical College Srinagar, the appellant managed to continue in Government Medical College. The respondent No.1, confronted with defiance of appellant issued Government order No. 09-HME of 2008 dated 3rd January 2008 declaring the appellant deemed to have been relieved from Government Medical College Srinagar. The appellant unmindful of the order managed to stay in Government Medical College and was even paid the salary. The respondent No. 2 ultimately passed order No. 95-GS of 2009 dated 5..9.2009 whereby the appellant was once again relieved with effect from 05.09.2009, and asked to report to Secretary to Government Education Department Civil Secretariat Srinagar for further duties. The appellant aggrieved of the order dated 05.09.2009, filed one more writ petition registered as SWP No. 1289/2009. The appellant repeating the averments, made in earlier writ petition registered as SWP No. 1024/2007, insisted that the order dated 5.9.2009 was nothing hut an effort by the respondents to defeat the earlier writ petition i.e. SWP No. 1024/2007 and interim orders passed therein. The appellant insisted that the impugned order was in the nature of punishment though camouflaged as a relieving order and was thus liable to be set aside. The Appellant sought a writ of certiorari quashing the impugned reliving order No. 95 /GS/09 dated 05.09.2009 and also a writ of mandamus commanding the respondents not to relieve the appellant in pursuant to the impugned order.

(3.) The Writ Court judgement and order dated 11.12.2009 are assailed in two Letter Patent Appeals in hand. In LPA No. 288/2009 challenge is thrown to the dismissal of SWP No. 1289/2009 whereas dismissal of SWP No. 1024/2007 is called in question in LPA No. 289/2009. The grounds of attack set out in two appeals are identical and may be summarised as under :-