HAMIDULLAH MALIK Vs. STATE

JUDGEMENT

(1.) THIS letters patent Appeal has been filled by Hamidullah Malik, Senior Scale Stenographer, District Rural Development/Agency Srinagar along with an application seeking leave of the Court to file the appeal as because he was not a party in the main writ petition filed by respondent no. 4 herein which came -to be numbered as SWP No: 1281/1994 and CMP No: 3231 of 1994. In the said writ petition, petitioner/respondent no. 4 herein succeeded in obtaining an order passed by learned single Judge (Honble Mr Justice V.K. Gupta) dated 9 -8 -1994, where under Government order No: 591 -Art of 1993 dated 27 -12 -1993 has been Kept in abeyance by ordering maintenance of status -quo ante as it existed prior to the issuance of the said order with the further directions to respondent to make arrangements for appropriate re -posting of Hamadullah Malik, who is appellant before us.

(2.) THE facts in brief which have given rise to the present letters patent Appeal are that the respondent no.1 i.e. State of Jammu and Kashmir through Commissioner/Secretary to Government, Agriculture Rural Development, had created an agency known as District Rural Development Agency for implementation of various development schemes in rural areas. While creating the said agency, various posts have been created in the agency itself and filled up. The appellant herein was also appointed in the agency and is an employee of the agency. Some employees were brought on deputation from other Department of the State Government under standard terms and conditions of deputation.

(3.) THE respondent no.4. Ali Mohammed Sofi (writ Petitioner), Who is on caveat, is an employee of Rural Development Department, which as submitted by the appellant is a separate Department and was brought on deputation to the agency on the post of senior Stenographer.