GAZALLA HASSAN AND OTHERS Vs. STATE AND OTHERS

JUDGEMENT

(1.) Petitioners 1 and 2, pursuant to their selection by J&K Services Selection Board, were vide Order No. 172 of 2007 dated 8th Sept. 2007, appointed "i-Scientist "A" (State Cadre) in the grade of 6500-10500 in J&K State Pollution Control Board (hereinafter "Board"). Petitioner No. 3 was earlier, vide Order No. 61 of 1999 dated 19th April 1999, appointed as Research Assistant (Divisional Cadre) in the pay scale of 1400-2600 (pre-revised).

(2.) Shri Bashir Ahmad Wani - respondent No. 4 in the petition, was initially on 12.06.1997 engaged on daily wage basis, as Incharge "Air Control Monitoring" in the Board. He was thereafter vide Order dated 31.10.1997 appointed as Field Inspector on ad hoc basis. He responded to Advertisement Notice dated 2nd June 1999, whereby applications, amongst other posts, were invited from the eligible candidates for the post of Scientist "B". However, he did not find place in the Selection List and consequently was not appointed against the advertised post i.e. Scientist "B". He questioned selection and appointments made pursuant to advertisement notice dated 02.06.1999, in writ petition registered as SWP No. 129/2003, However, the writ was withdrawn as petitioner opted to voice is grievances in a representation, he proposed to address to the Board.

(3.) The representation submitted by respondent No. 4 did not find favour with the Board, constraining respondent No. 4 to re-agitate the matter in a fresh writ petition, being SWP No. 234/2005. He sought a direction to Board to appoint him as Scientist "B" in fulfilment of the promise claimed to have been made by respondents 1 to 3 at the time first writ petition (SWP No. 129/2003) was disposed of.