SARFARAZ MAQBOOL BHAT Vs. STATE AND ORS.

JUDGEMENT

(1.) Petitioner, in the year 2009, responded to the Notification of Service Selection Board (SSB) and sought consideration for being selected/appointed on the post of teacher as a handicapped category candidate. Petitioner along with other candidates was selected by the respondent-Selection Board for being appointed on the post of teacher. The respondent-Selection Board vide Communication dated 20th May, 2009 made recommendations for appointing the selected candidates on the post of teachers in District Baramulla. The petitioner could not be appointed, because one Naseema Bashir filed SWP.No. 182/2009 challenging the selection of the petitioner. The post, on which, the petitioner was recommended to be appointed, was not filled up because of the Court orders. The petitioner also filed writ petition bearing SWP.No. 1006/2009. Both the writ petitions were considered together by the Court and the Court vide its Order dated 10th June, 2011 dismissed the writ petition of Naseema Bashir and in the writ petition of present petitioner, respondents were directed to proceed in the matter. Naseema Bashir challenged the judgment of the Writ Court in the Letters Patent Appeal. The Letters Patent Bench directed for maintenance of status-quo in respect of appointment of the petitioner. The Letters Patent Appeal was dismissed on 23rd August, 2012

(2.) The respondent-Selection Board made recommendations in favour of the petitioner on 26th July, 2011. The petitioner was appointed on the post of teacher vide Order No. 1638-DSEK of 2011 dated 20th August, 2011 issued by Director School Education, Kashmir.

(3.) In this writ petition, it is prayed by the petitioner that respondents be directed to give retrospective effect to the appointment of the petitioner and give him all service benefits viz. salary, increments and seniority from the date the other candidates were selected alongwith the petitioner and were thereafter appointed in the year 2009.