MUSHTAQ AHMAD AHANGER Vs. STATE

JUDGEMENT

(1.) THE writ petition Nos. 3052/92, 963/ 92 and 627/94 have been clubbed together as the controversy involved in these petitions pertains to the same subject matter. As a matter of fact another petition bearing No. 1415/1991 was also clubbed with the said petitions, but was de -linked by an order of this court dated: 11.8.1994. By this common judgment I am disposing them of together. The facts and circumstances giving rise to filing of the said petitions may be stated briefly here. Mushtaq Ahmad Ahanger was selected by the Divisional Recruitment Board for the post of Junior stenographer in the Food and Supplies Department Srinagar on

(2.) 1.1979, and came to be appointed to the said post by the Minister concerned with effect from the same date. On 4.10.1985 the Government up -graded the said post and adjusted the petitioner as senior stenographer. He was allowed to function as stenographer -cum -PA, and for this purpose special pay was also allowed to him by the Director Food and Supplies. While he was continuing on the said post, one Mohmmad Amin Khan came to be appointed as the Director, and he, for some reasons, known to him, without any authority relieved the petitioner from his post, asking him to report to the General Administration Department for further posting. The Government however did not agree with it and asked the Director to re -consider the matter. In the meanwhile he filed a writ petition bearing No.963/92 in the High Court challenging the jurisdiction of the Director to transfer him. On 20.4.1992 it was directed by the court that the petitioner shall be allowed to continue on his post till the matter was considered. The Director however despite the court order persuaded the Government to alter its earlier order and managed his transfer along with his post to the office of the Deputy Commissioner Pulwama on 7.10.1992. The Director passed an order on 16.10.1992 adjusting the respondent No.3, Mushtaq AhmadKaloo, as PA/Stenographer, through no such post was available there. The said respondent was working as typist in the Food and Supplies Department on daily wage basis and was later on in 1990 adjusted as a storekeeper. On 23.2.1994 the Government re -transferred the petitioner to the Directorate of Food and Supplies Department alongwith his post with a direction that he shall not be assigned any work pending inquiry against him. 2. Now the short question for determination before the court arises as to who shall be allowed to work and function as the Stenographer/PA to the Director Food and Supplies, Mushtaq Ahmad Ahanger or Mushtaq Ahmad Kaloo. Both of them have filed petitions in the court and obtained certain interim directions.

(3.) THE Counter/objections have been filed by the opposite parties in each case, which have been considered.