GH NABI SHEIKH Vs. STATE

JUDGEMENT

(1.) THE petitioner was appointed temporarily as Assistant Craftsman Ëœfor Carpet Weaving Training Centre, Dangerpora Baramulla, on contract basis for the sanctioned life of the said centre vide order No. 693 -HD of 1991, dated 12.2.1981. One of the conditions of his appointment which is condition No. 12 says that after the expiry of the training centre he shall have to work in cooperatives of the trainees at the rate of pay applicable to the craftsman under the pattern in vogue in these cooperatives. Vide order No. 433 -HD of 1986 dated 22 -10 -986, he came to be transferred from Kanzalwan Gurez to carpet weaving centre Ushkara, Baramulla, Before that also he was transferred and posted at various centres.

(2.) ALLEGEDLY , he was not relieved in time from Gurez till the road got blocked, and he continued to work there till 5.1.1987. His pay also remained in arrears from 6/86 to 12/87, and, therefore, he was allowed to collect the same from Block office Bandipora. Thereafter he went to join his new place of posting at Ushkara but was not allowed to do so. He was directed to join back at Gurez. On going there, he was not allowed to join there also. He approached the respondents as also the Minister concerned once and again but was sent from pillar to post. Last of all he was paid his salary upto Nov. 1987 under the orders of respondent No. 2. He was not however, allowed to join any where. He gave a legal notice to the respondents which resulted in passing an order by respondent No. 2, as contained in annexure ËœGâ„¢ to the writ petition. In that order, dated 236.1988, two officers were appointed to conduct an enquiry against him without indicating as to what were the charges to be gone into. The said officers have not done anything so far. No charge -sheet was framed against him and nor any inquiry conducted with the result that he continued without any job.

(3.) IN the supplemeatary affidavit, filed by the petitioner, if is stated that the centre where he was initially appointed, is still working He has further stated that by virtue of Govt. order No. 157 -Jud of 1991 dated 21.6.91, the post of Assistant craftsman against which he was appointed has been brought on regular establishment and many posts have been created thereunder substantively on permanent basis. The Govt. order mentioned above has been annexed with the supplementary affidavit. Consequently, he prays for a writ of certiorari for quashing of order No. 237 -HD of 1988 dated 23.6.1988 contained in annexure G, to the writ petition. He also prayed for a writ of mandamus against the respondents 2 to 4, to allow him to discharge his duties and to disburse the salary to him from December 86 onwards. Despite, ample opportunities granted to the respondents they have failed to file any counter, with the result that the averments made in the petition on an affidavit, having remained unrebutted, are to be taken as correct.