NIYAZ AHMED Vs. STATE AND OTHERS

JUDGEMENT

(1.) There cannot be any other better case where the petitioner has made one after the other unsuccessful attempt to see that he achieves the same result by filing writ petitions before this Court. Relief claimed in this writ petition is in the following effect :-

(2.) Petitioner claims that he came to be appointed as Class-IV Lab Bearer in the Education Department vide Annexure-A. His name figure at S.No. 93 and that of respondent No. 4 did not figure in the said list at all. One establishment clerk Abdul Gani is alleged to have made some cutting on the appointment order of the petitioner and changed his cadre as Chowkidary from Class-IV (Lab Bearer). This was aimed to accommodate Harbans Singh-respondent No. 4 whose order was issued on 06.04.1988 and he joined on 14.04.1988. Petitioner submitted his joining report without appointment on 06.01.1990 he obtained from Gujjar Hostel, Poonch and it was only then he came to know the Abdul Gani respondent No. 7 had done cutting and thus cadre of petitioner from Lab. Bearer to Chowkidary was allegedly changed. He further claims that his case was forwarded to the Commissioner/Secretary to Govt. Education by the Deputy Commissioner, Poonch for change of cadre against cutting. Petitioner claims to have made complaint before C.J.M., Poonch which resulted in registration of FIR No. 234/98 at Police Station Poonch. He claims that in his place respondent No. 4 has been wrongly adjusted as Lab. Bearer. It is in these circumstances, that aforesaid reliefs have been claimed. Respondents when put to notice have filed their objections. Shri Chouhan, learned counsel appearing for respondents has filed objections. According to respondents petitioner filed SWP No. 1233/98, wherein following relief was claimed :-

(3.) This writ petition was dismissed. It will be appropriate to extract the judgment of this Court passed in SWP No. 1233/98 which was in the following terms :