GULZAR AHMAD AHANGAR Vs. STATE AND ORS.

JUDGEMENT

(1.) The writ petitioner on the strength of averments made in the petition seeks following reliefs:-

(2.) The petitioner responded to Notification No. 03 of 2000 dated 27.10.2000 and 02 of 2004 dated 15.04.2004, whereby the State Service Selection Board invited applications from eligible candidates for filling up backlog posts of Technician Grade III in District cadres and Divisional cadre Kashmir The select list issued vides SSB/Secy/801-03/04 dated 03.12.2004 included the present petitioner under SOC category and he was resultantly appointed vide order No. DC/PD/Admn-1/89 of 2005 dated 22.02.2005 as Technician Grade III in the pay scale of 3050-4910 in Divisional cadre Kashmir on probation for a period of two years and allotted to S&D Wing Kashmir. The petitioner submitted his joining report in the office of Development Commissioner Power (Kashmir and Jammu) on 28th February 2005. The Chief Engineer System and Operation Wing Kashmir (S&O) vide order No. CE/S&O/53O7-13 dated 01.08.2005 transferred and posted the petitioner in Sub Division 1st. The petitioner was accordingly asked by the Executive Engineer TLCD-II Srinagar, vide his No. TLCD-II/15 of 2005 dated 04.08.2005 to report to the Sub Division 1st. The Administrative Officer Development Commissioner Power vide No. DC/PD/Adm-I/1496-97 dated 28.05.2007 conveyed approval to clearance of probation period of the petitioner in the pay scale of 3050-4910 on his completion of two years service i.e. probation period. The petitioner's Service Book was duly prepared by the competent Authority. However, all this was done unmindful of the "corrigendum" issued by the State Service Selection Board vide its No. SSB/Sel/Secy/874/04 dated 16.12.2004 to the select notified vide SSB/Sel/Secy/80-1-03/04 dated 03.12.2004. The State Service Selection Board vide aforesaid corrigendum dated 16.12.2004 informed the Principal Secretary to Government power Development Department, Civil Secretariat Jammu that Shri Javed Ahmad Najar Son of Ghulam Nabi Najar Resident of Rajpora Keller, Pulwama be read instead of Gulzar Ahmad Son of Ghulam Ahmad Resident of Charari-Sharief, Budgam (petitioner herein) figuring at S. No. 1, under SOC category in Divisional cadre Kashmir. The corrigendum was noticed only after Shri Mehmood-Ul-Hassan respondent No. 6 filed a writ petition registered as SWP 218/2007 dated 13.04.2007 claiming therein that Shri Javed Ahamad Najar shown at S. No. 1, under SoC category in the select list dated 03.12.2004 read with corrigendum dated 16.12.2004, having decided not to take up the job, he -Mehmood-Ul-Hassan in view of his inclusion in the wait list at S.No. 2, was entitled to be appointed as Technician III under SoC category. The writ petition was disposed off, on 13.04.2007 with the direction to the respondents to proceed in the matter on the lines indicated in the reply and pass appropriate orders regarding the appointment of the petitioner if found eligible and suitable for the post. The writ Court order prompted the respondents to examine the matter and pass order No.PDD/VI/87/98-Tech dated 16th April 2008, whereby the appointment of the petitioner as Technician Grade III was cancelled and sanction accorded to the appointment of Shri Mehmood-Ul-Hassan as Technician Grade III against the resultant vacancy. The respondent No.6 submitted his joining report on iyth April 2008 forenoon and was asked to report for duty.

(3.) The petitioner throws challenge to the Government order No. No.PDD/VI/87/98-Tech dated 16th April 2008, whereby his appointment has been cancelled and sanction accorded to the appointment of respondent No.6 on the grounds that in the facts and circumstances of the case it was obligatory on part of the respondents to afford the petitioner an opportunity of being heard and that such opportunity not having been given to the petitioner, the order was viola live of principles of natural justice and liable to be set aside. The petitioner questions the order and authority of respondents to cancel his appointment and claim protection under Article 311 Constitution of India and Section 126 Constitution of J&K. The petitioner insists that in absence of an inquiry contemplated under Rule 33 and 34 (J&K Classification Control and Appeal Rules) 1956, the order impugned in the petition was devoid of any legal force. It is contended that the respondents did not inform the petitioner that his name from the select list was directed to be deleted and replaced by Shri Javid Alimad Najar in terms of corrigendum dated 16th December 2004 and that the petitioner had no opportunity to plead and establish that his deletion or replacement was unwarranted. The petitioner admits to have questioned the Government order dated 16th April 2008 in SWP No. 572/2008. It is however pleaded that the writ petition was withdrawn with liberty granted by the Court in terms of order dated 22nd May 2008 to file a fresh petition.