NASEER AHMAD MIR Vs. STATE

JUDGEMENT

(1.) In pursuance to the advertisement notices No.04 of 2007 and 09 of 2008, applications were invited for filling up the posts of Junior Engineer Electric Grade II(State Cadre). The process of selection culminated in selection of the candidates, which include 86 candidates under category RBA. Petitioner Naseer Ahmad figured at serial No.1 in the wait list under the said category(RBA).

(2.) One post i.e. 86th post from the said category in compliance to High court order dated 06.07.2009 passed in SWP No.1095/2009 titled Amresh Kumar & ors Vs. State & ors. has been reserved. One candidate had not joined, as a result thereof, petitioner being at serial No.1 in the wait list of RBA category has been appointed as against the said vacancy vide Govt. order No.251-PDD of 2009 dated 03.12.2009.

(3.) One Hilal Ahmad Dar S/O Ab. Rehman Dar R/O Hakbara Sumbal was to figure at serial No.86 of the select list whose name had not been reflected, instead as against serial No.86 it has been recorded "post reserved in deference to HHC order dated 06.07.2009 passed in SWP No.1095/09 titled Amresh Kumar & ors Vs. State & ors." Said Hilal Ahmad Dar filed writ petition(SWP) No.1885/2009 claiming therein that since he had to figure at serial No.86 of the select list in order of merit, when one candidate did not join then he should have been offered appointment, instead wait list has been operated by appointing the petitioner Naseer Ahmad. The appointment order of the petitioner bearing No.251-PDD of 2009 was quashed vide judgment dated 23.11.2010 and a direction was issued to the respondents to offer appointment to the said Hilal Ahmad upon the recommendation made by SSRB. The Naseer Ahmad (petitioner herein) was directed to be paid the salary for the period he had worked. The said judgment was challenged by medium of LPA No.155/2010, same has been dismissed vide judgment dated 31.12.2010.