QAZI MOHD ASHRAF Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER , by means of the writ petition, seeks issuance of writ of Mandamus Commanding respondents 1 to 3 to consider the case of the petitioner for appointment against the post, of Legal Assistant and to create a supernumery post till the post is formally created and further not to consider respondents 5 to 7 for their appointment against the post of Legal Assistant, being ineligible.

(2.) PETITIONER has averred in the petition that father of the petitioner while working as Sanitary Inspector with respondent No.2 died in harness. The petitioner was appointed as Junior Assistant, vide Order No. 907 of 2000 dated 19.10.2000. In compliance to the Court direction dated 29.11.1999 passed in SWP No. 1779 -99, the post of Senior Assistant was redesignated and the petitioner was permitted to work against the post in his own pay and grade.

(3.) PETITIONER a law graduate was a practicing lawyer before Joining of the service on the demise of his father. He made a representation that the post of Legal Assistant in the higher grade should be created and the petitioner be appointed against that post being possessed of Degree in Law. It is also submitted that the respondent has written to the Respondent No. 1 to create a post of Legal Assistant and the Under Secretary to Govt, Housing and U.D Department has written to Commissioner, Srinagar Municipal Corporation, vide Communication dated 7.8.2003 that respondents Municipal Authorities must take decision themselves for creation of the post.