PUSHPJEET SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 12.10.2009 rendered by the learned Single Judge of this Court, rejecting the claim made by the appellants for grant of relief in respect of anti-dating their dates of initial appointment i.e. date of joining on the post of Sub Inspector in the Executive and Armed Wings of the Jammu and Kashmir Police. The basic reason for rejection of the claim made by the appellants is that the appellants had earlier filed SWP no. 195/1994 and 1629/1994 and both the petitions were disposed of keeping in view the earlier judgment of this Court in Rakesh Bamba v. Mr. M. N. Sabharwal and anr (SWP no. 1362/1993 and COA (SW) no. 53-B/1995 decided on 09.07.1996) . In the aforesaid judgment rendered in Rakesh Bamba's case it has been specifically observed that the appointment of Rakesh Bamba as Sub Inspector would be effective from the date of joining.

(2.) Few facts would be necessary to put the controversy in its proper perspective. The respondent-State issued an advertisement on 28.08.1991 inviting applications from permanent residents of Jammu and Kashmir State for the post of Sub Inspectors in the Executive and Armed Wings of J&K Police. It has remained undisputed that eventually a select list of 87 candidates was issued along with a wait list of 26 candidates. It is a matter of coincidence that 8 candidates, figuring at serial nos. 80 to 87 of the select list and 26 candidates figuring in the wait list have secured 180 marks. The names of the appellant-petitioners figured in the wait list at serial nos. 8, 9, 20, 12, 24 and 25 respectively. Rakesh Bamba, a wait list candidate figuring at serial no. 18, who had secured 180 marks, filed SWP no. 1368/1993 for issuance of directions to the official respondents to appoint him as Sub Inspector because there were 8 candidates in the select list who had secured marks equivalent to him i.e. 180 marks. All those 8 candidates were appointed whereas he was denied the appointment. The official respondents took a categoric stand that 8 candidates in the select list and 26 candidates in the wait list had secured equal marks i.e. 180 marks which resulted in following a criteria to set their order of merit by treating the older in age superior in merit then the one who is younger in age. However, before the Writ Court the stand could not be substantiated and justified. As a consequence in Contempt petition COA (SW) no. 53-B of 1995 the aforesaid Rakesh Bamba was given the relief by order dated 09.07.1996. Accordingly his writ petition along with the contempt petition was disposed of. Thus the proceedings culminated in appointing the aforesaid Rakesh Bamba as Sub Inspector.

(3.) The appellants-petitioner have also filed two writ petitions, namely, SSWP no. 195/1994 in the Jammu Wing and 1629/1994 in the Srinagar Wing of this Court. As the matter in both the writ petitions was covered by the order passed in Rakesh Bamba's case , both these writ petitions were also decided, directing the official respondents to accord similar treatment to the appellants also which was accorded to Shri Rakesh Bamba. It is pertinent to mention that in the order passed in Rakesh Bamba's case it was specifically mentioned that his appointment would be effective from the date he joins his duty. Consequently the appellants were also appointed as Sub Inspectors in the year 1996 and 1997.