NISHA MUSHARRAF Vs. STATE OF J & K

JUDGEMENT

(1.) The grievance projected in two of these three clubbed writ petitions, viz. WP(C) nos.3156/2019 and 3474/2019, depicts a classic representation of the age old proverb of putting the cart before the horse, making suspect the genuineness of the show cause notice issued to the petitioners. So far as the third petition, WP(C) No. 79/2020, is concerned, it does not involve the question(s) of law as arise in the above two writ petitions for determination. It would, therefore, need to be de-linked to be heard separately. Consequently, whatever is mentioned or discussed in this judgment would be in relation only to the petitioners in the aforesaid two writ petitions, WP(C) nos.3156/2019 and 3474/2019.

(2.) The petitioners are aggrieved of and have challenged Government order no.127-IND of 2019 dtd. 28/6/2019 issued by the Principal Secretary to Government, Industries and Commerce Department, quashing/cancelling the selections made in the Khadi and Village Industries Board pursuant to advertisement notice no. KVIB/01 of 2016 dtd. 8/10/2016, about twenty months after they had been appointed on the basis of such select list. They have also challenged Order no.KVB/168 of 2019 dtd. 14/10/2019 issued by the J&K Khadi and Village Industries Board terminating their services.

(3.) The second of these impugned orders, viz. order dtd. 14/10/2019, vide its para 2, reveals that the petitioners were appointed on the posts mentioned thereunder, viz Executive Officer, Publicity Officer, Assistant Executive Officer and Junior Statistical Assistant, on the basis of the select list furnished by the Controller of Examination and duly approved by the competent authority. The copies of the orders of appointment appended with these writ petitions reveal that the petitioners were appointed on the respective posts on 20/2/2018.