ZAFARULLAH BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THE dispute in this letters patent appeal, which arises from the order of the learned Single Judge dismissing the writ petition of the appellants, relates to pay scale and grade of the post of Block Development Officer (EDO) in the Community Development Department of the State.

(2.) RELYING on the judgment in the case of Abdul Majid Wani in SWP no. 1519/1988 decided on 27th September, 1991, the appellants approached this Court in SWP no.486/1995 seeking direction upon the respondents to extend to them His benefit of the judgment with effect from the dates of their substantive appointment on the post of BDO. By the said decision Abdul Majid Wani was held entitled to the (then existing) scale of Rs.1000 -1560. The learned Single Judge held that the case of Abdul Majid Wani stood on a different footing and appellants were not entitled to the benefit of the judgment. The learned Judge also held that there had been inordinate unexplained delay in filing the writ petition disentitling the appellants to any relief on account of latches. The learned Single Judge, accordingly, dismissed the writ petition vide the impugned judgment dated 29th April, 1998 giving rise to this appeal.

(3.) IN the meantime, one Abdul Qayoom Wani and nineteen others had also filed writ petition no. 144/1996 which was allowed by a short order on 9th December, 1999 without going into merit of the case observing that the petitioners were seeking the same relief as had been allowed by this Court in SWP no 1519/1988. The judgment in the appellants writ petition, decided earlier, apparently was not brought to the notice of the learned Judge.