SATPAL SHARMA Vs. STATE OF J AND K

JUDGEMENT

(1.) THROUGH this writ petition petitioner is seeking writ of mandamus directing and commanding the respondents No. 1 and 2 i.e. State and Director Economics and Statistics to issue appointment order in his favour pursuant to the selection made by respondent No. 3 Service Selection Board as referred to in the select list with a further relief for granting the benefit retrospectively from the date of the selection along with consequential benefits.

(2.) THE case of the petitioner is that J and K Service Selection Board -respondent No. 3, issued advertisement notice dated 28th June 2001 for inviting application for the two posts of drivers available in the Planning and Development Department one in Open Merit Category and another in Schedule Caste Category in the Divisional Cadre Jammu. The petitioner applied and competed for the said post along with other eligible candidates. After the completion of the selection process, Service Selection Board published the select list in which name of the petitioner figures at Serial No. 1 in the open merit category, whereas another candidate was selected under the schedule caste category. Pursuant to the select list, Service Selection Board vide its Order No. SSB/Sel/Secy/12527 dated 9.02.2004 submitted the select list to the Financial Commissioner, Planning and Development Board, Jammu with the recommendation that appointment orders in favour of the selectees may be issued. Against the open merit category post name of petitioner Satpal Sharma was recommended as well as against the schedule caste category post name of one Bishamber Lal son of Chaman Lal was recommended. Pursuant to the said recommendation respondent No. 1, only appointed Bishamber Lal against the schedule caste category post. The petitioner has not so far been issued the appointment order.

(3.) THE stand of the respondents No. 1 and 2 i.e. State and Director Economics and Statistics is that Planning Department vide its requisition No. DES/G -103/Dr(Adm)/DR/Min/98 dated 5 -1998 requisitioned two posts one under RBA category and one under open merit category, and thereafter vide its No. DES/C -103/Adm/Dr.2000 (Adm) dated 6.6.2000 requisitioned two more posts one under open merit category and one under schedule caste category for Divisional Cadre Jammu. Thus accordingly, to the Service Selection Board in all four posts for making selection, two under open merit category, one under RBA category and one under Schedule Caste Category were referred.