LAWS(J&K)-2012-11-20

HARI SHOOR Vs. STATE OF J&K

Decided On November 06, 2012
PAWAN KUMAR Appellant
V/S
State Of J&K Respondents

JUDGEMENT

(1.) THE Letters Patent Appeal on hand is directed against Writ Court judgment dated 25.02.2010, whereby writ Court has dismissed SWP Nos.1763/2009, 1733/2009, 1986/2009, 1900/2009 and 1734/2009 throwing challenge to order of Registrar, Sher-E-Kashmir, University of Agricultural, Science and Technology, Main Campus, Bhore Camp, Chatha, Jammu (for short SKUAST) dated 17.09.2009 disengaging the service of the appellants. The appellants also call in question the notice dated 11th September, 2009, issued by the Registrar, SKUAST, inviting offers from reputed contractors/agencies for supply of labourers to work against the positions that became available because of the disengagement of the service of the appellants. The appeals have been filed in the factual backgrounds set out in para (2) hereafter.

(2.) THE appellants were appointed by the respondents on contractual basis to work in different capacities in SKUAST Campus B. The appellants after serving the respondent University for quite sometime, were disengaged when the allegations of their backdoor appointment surfaced against the University Authority(ies), for making the engagements. The appellants questioned the disengagement orders in the aforesaid writ petitions on the ground that the orders were made at their back without affording them an opportunity to explain their stand and were in violation of principle of natural justice.

(3.) IT was further pleaded that the respondent University had taken a Policy Decision to outsource different works assigned to the contractual employees and had already issued a tender notice inviting offers from the Contractors/Agencies engaged in supply of labourers.