(1.) THE instant appeal under Clause 12 of the Letters Patent is preferred by the employees of the Kashmir Golf Club against the order dated 10.09.2007 passed by the learned Single Judge, dismissing their writ petition.
(2.) THE employees of the Kashmir Golf Club approached the writ Court with a prayer that the worthy Chief Minister, in his capacity as President of the Kashmir Golf Club, has announced that they would be taken over as employees of the Government. The aforesaid claim made by them has been rejected by the learned Single Judge by holding that the Chief Minister in his capacity as President of the Kashmir Golf Club, could not have treated the employees of the Club as the government employees or for that matter the employees of the Jammu and Kashmir Sports Council. According to the learned Single Judge, for taking a person in government employment a proper procedure for taking over is stipulated. Accordingly the first requirement is the availability of post against which a person could be absorbed in government service and there was nothing on record to suggest the existence of post for adjusting the petitioners in government service. Further there is requirement either to adjust them against the existing posts or create a regular post by a government order. However, the learned Single Judge in the last para has recorded that the State has released the funds for making payment of the salary to the appellants and other employees of the Club which should satisfy them.
(3.) WHEN the matter came up for consideration on 17.04.2012 this Court passed an order noticing that the appellants had filed response to the Committee report whereby virtually they had accepted the aforesaid findings of the Committee. However, time was sought by the counsel for the respondents to have instructions in the matter.