STATE OF J&K Vs. ZAKIR HUSSAIN

JUDGEMENT

(1.) Shri Zakir Hussain S/o Issa Mohammad R/o Chulicham, Samrah, District Kargil (respondent herein) was vide order No.63/Adm. of 1994 dated 3.9.1994 appointed as orderly in the grade of Rs.750-940 on temporary basis against the available vacancy in the Sales Tax Circle Leh. The appointment was admittedly without respondent's participation in any selection process for the said post. Deputy Sales Tax Commissioner (Kmr.) vide order No.102/Adm of 1998 dated 26.11.1998 promoted the respondent to the post of Process Server in the pay scale of Rs.2600-3540. Another promotion came way of the respondent, when the respon dent was promoted to the post of Junior Assistant vide order No.2/Adm of 1999 dated 1.1.1999.

(2.) Shri Bodh Raj Sharma and 14 other petitioners in the year 1999 filed a writ petition registered as SWP No. 443/1999 alleging large scale back backdoor ap pointments in the Sales Tax Department without affording all eligible candidates an opportunity to compete for the filled up posts. The writ petition was allowed and all the appointments made without issuing public notice quashed. In conclud ing para of the writ court judgment it was made clear that the judgment would apply to "all those appointments which have been made without resorting to public notice after the year 1994."

(3.) The writ court judgment was questioned in a Letters Patent Appeal though without any success and was not overset in SLP preferred against the LPA judg ment.