NASEER AHMAD MALLA Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER was appointed as Nursing Orderly in the pay scale of Rs.745 -1025 by order No. 84 of 1990 dated: 21.1.1990. He claims to have joined pursuant thereto and while he was in service he received order dated 9.8.1990 which made reference to the order passed by respondent No.

(2.) DATED 8.8.1990 canceling his appointment. The petitioners short case is that once he was appointed to the post of Nursing Orderly and was found fit to hold such post and was working against the post for about eight months, his appointment could not be cancelled at his back and without affording a reasonable opportunity of being heard. 2. In the objections filed by the respondents it is admitted that petitioner was appointed on 29.1.1990 by respondent No.2. He was to remain on probation for three years and was attached to Police Medical Officer, JKAP 8th BN. Later it was pointed out that by Police Headquarters that no such post of Nursing Orderly was sanctioned in the 8th Bn: and his appointment was wrongly made. The Director General of police accordingly ordered cancellation of his appointment alongwith one Angraz singh. It is submitted that petitioners appointment was made as a result of mistake as no post of Nursing Orderly was sanctioned for 8th Bn: for which two posts of male Nurses were available which were required to be filled up by trained candidates for which Health Department was approached for posting trained and suitable nurses.

(3.) ALL that remains to be seen is whether petitioners appointment could be cancelled at his back and without notice to him.