HILAL AHMAD BHAT Vs. UNION TERRITORY OF JK

JUDGEMENT

(1.) This appeal is directed against the Order dated 27th of January, 2022 passed by the learned Single Judge in WP(C) No. 1240/2021, in terms whereof it has been directed that while the selection process may go on, (07) posts against which the Petitioners therein are working shall not be filled up till further orders.

(2.) When this appeal was taken up for consideration, we, at the very outset, asked the learned Senior Counsel for the Appellants, as to how this appeal is maintainable when there is no adverse order passed in the Petitions filed by the Appellants, submitted that the Services Selection Board is misinterpreting the aforesaid Order dated 27th of January, 2022 passed by the learned Single Judge and is proceeding ahead with the selection process. It is contended that in the Writ Petitions filed by the Appellants, being WP (C) Nos. 603/2020 and 657/2021, this Court, before transferring those Petitions to the Central Administrative Tribunal, had passed interim orders thereby keeping the selection process in abeyance. It is further pleaded that after transfer of the said Petitions to the Tribunal, the same, after being treated as OAs, have already been admitted for hearing by the Tribunal and interim orders passed thereon by the Writ Court continued, which orders are in force as on date. The learned Senior Counsel submitted that despite this position obtaining in the matter qua the process of selection being in abeyance pursuant to the aforesaid orders, the Board is contemplating to proceed ahead with the selection process thereby making the said OAs infructuous.

(3.) Mr. Sajjad Ashraf Mir, the learned Government Advocate, representing the Respondent-Services Selection Board, submitted that the Board has already instructed the Counsel representing it before the Tribunal to get the aforesaid abeyance orders modified/ vacated. The statement of the learned Government Counsel is taken on board.