MOHD HAROON BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THE J&K Service Selection Recruitment Board invited applications for the posts of Forest Guards/ Forest Protection Force Guards District Doda vide Advertisement Notification No. 3 of 1996 dated 24.12.1996. After conducting physical test and interview of all the eligible candidates who applied in response to the aforesaid notification, a select list dated 30.4.2000 came to be issued . The State Government on receipt of the aforesaid select list, issued Government Order No. 344 of 2000 dated 24.10.2000 appointing 128 candidates as Forest Protection Force Guards in the pay scale of Rs. 3050 -75 -3950 -80 -4500 against the available posts. It is the case of the petitioners that on being appointed , they joined their services and were deputed for undergoing training in Punjab Police Training Academy , Phallour where they completed their training course for six months and were posted in Gama Unit J -8 Doda and Gama Unit J -9 Batote. They performed their duties and were paid their salary upto October, 2002 .

(2.) EVEN before the appointment could be made, some complaints were made whereupon respondent -5 detected some interpolations in the select list and the issue was referred to the Government. On examination, interpolation was found in case of 11 selectees and their names were deleted from the select list. The selection/appointment came to be challenged by some unsuccessful candidates by filing SWP No. 651/2000 and other connected petitions . All these petitions were disposed of by a common judgment dated 15.4.2002 wherein following directions were issued: In this situation, these petitions are disposed of with the following directions: i) That the Chief Secretary of the State of Jammu and Kashmir would examine or cause to be examined , the preliminary report submitted by the Vigilance Organisation , and take such steps as are required to be taken on the administrative side; ii) That as prima facie, there is large scale interpolations in the records and as it may not be possible for this court to go into the same, and as directions have been given to the Chief Secretary of the State to examine them, let this exercise be completed at the earliest , and preferably , within a period of three months from today; iii) So far as appointment of private respondents is concerned, that would naturally depend upon the enquiry to be held. However, it is directed that as an interim measure , the private respondents who stand appointed shall not be paid their salaries , and the State would not be burdened w.e.f. 1.5.2002. Copy of the order be made available to Shri J.P. Singh, Advocate by the Registry, who would forward the same to the Chief Secretary of the State. It is hoped that remedial measures are taken by the Chief Secretary and the issue is not allowed to be lingered on. Disposed of accordingly.

(3.) ON the basis of the aforesaid judgment, salary of the appointees was stopped. Petitioners challenged judgment dated 15.4.2002 in LPA(SW) No. 181/2002 titled Mohd.Haroon and Others Vs. State and Others, which was disposed of on 6.6.2002 with the following order: Dismissed as withdrawn with liberty to approach the court as and when the period of three months as stipulated in the judgment is over.