STATE OF J&K AND OTHERS. Vs. RAJESH ANAND

JUDGEMENT

(1.) The judgment passed delivered by a learned Single Judge of this Court dated 03.05.2017 in SWP No.1032/2011 is subject matter of challenge in this intra Court appeal preferred by the State of Jammu and Kashmir and its functionaries.

(2.) An advertence, though brief, to the factual antecedents leading to the filing of this appeal would be advantageous to understand the controversy involved in this appeal in proper perspective. The respondent claims to be an outstanding sportsperson having represented not only the State of Jammu and Kashmir but also the Country in Roller Hockey (Skating Hockey). His claim for employment in the services of the State was considered along with similarly situated outstanding sportspersons in terms of the Jammu & Kashmir Government Employees (Appointment of Outstanding Sports Personnel) Rules, 1991 (hereinafter to be referred to as "the Rules of 1991") issued vide SRO 82 dated 07.04.1992. The General Administration Department vide its communication No.GAD(MTG)Sports dated 28.04.1994 recommended to the appellant No.2 to concur with the proposal of appointment of five persons, which included the respondent also as Sub Inspectors in the Police Department. Vide Government Order No.1071-GAD of 1994 dated 30.12.1994, sanction was accorded to the appointment of the respondent as Sub-Inspector of Police (Executive) in the Police Department. Consequently, vide order No.42 of 1995 dated 02.02.1995, the respondent was appointed as Sub Inspector of Police (Executive Police) in terms of the Rules of 1991. Along with the respondent four more persons, who were also similarly situated, were also considered by the appellants for appointment under the Rules of 1991 being outstanding sportspersons. The other four persons, who were considered along with the respondent, were Sanjeev Khajuria, Vidya Bhaskar, Bhupinder Singh and Dushyant Sharma. Pursuant to the order of appointment, the respondent joined his services as Sub Inspector in the police department and did not lodge any protest and therefore, as claimed by the appellants acquiesced in his appointment. Out of the five outstanding sportspersons, which included the respondent also, one person namely, Dushyat Sharma, was appointed as Inspector in the Jammu & Kashmir Police. Another person namely, Vidya Bhaskar, was appointed as Inspector in the J&K Excise Department. Rest of the three i.e., the respondent, Sanjeev Khajuria and Bhupinder Singh were, however, appointed as Sub Inspectors in the J&K Police. Sh. Sanjeev Khajuria felt aggrieved of the appointment of Sh. Dushyant Sharma as Inspector in the J&K Police and therefore, filed a writ petition, which was registered as SWP No.166/2000. In the aforesaid writ petition, Sanjeev Khajuria, inter alia, sought a direction to the State-respondents to appoint him also as Inspector in the Police Department on the analogy of Dushyant Sharma and one other person. The writ petition was allowed by a learned Single Bench vide order dated 22.12.2003, which is also reported as 2004(1) JKJ 480[HC]. For facility of reference the operative portion of the aforesaid judgment is reproduced hereunder:-

(3.) The State preferred an appeal against the aforesaid order passed by the learned Writ Court. One appeal was also preferred by the private respondent namely, Dushyant Sharma. Both the appeals were disposed of by the Division Bench of this Court by a common judgment dated 05.03.2009. The appeal preferred by the State i.e., LPASW No.104/2005 was dismissed but the appeal filed by the private respondent namely, Dushyant Sharma i.e., LPASW No.30/2004 was allowed and that part of the judgment of the learned Single Judge whereby the State had been directed to revert respondent Nos. 5 and 7 to the post of Sub-Inspectors was set aside. In a nut-shell, the writ petitioner-Sanjeev Khajuria was ultimately found entitled to be appointed as Inspector on the analogy of Dushyant Sharma. It is submitted that the appellants complied with the judgment of the Division Bench and accordingly, offered Sanjeev Khajuria also the appointment as Inspector in the J&K Police Department in terms of Government Order No.867-GAD of 2009 dated 06.07.2009. It is submitted that the appointment of Sanjeev Khajuria as Inspector was given effect from the date he was initially appointed as Sub Inspector in the J&K Police.