FAYAZ AHMAD WANI Vs. STATE OF J&K

JUDGEMENT

(1.) HEARD Admitted. Learned counsel for the respondents submit that his objections supported by affidavit may be treated as reply. Learned counsel for the petitioner also canvasses that the counter filed by him may be taken on record as rejoinder. As prayed for the case is taken up for disposal.

(2.) THE counsel for the parties are heard.

(3.) THE petitioners case is that in the year 1992 Advisor Health to Governor, Jammu and Kashmir State, ordered his appointment as Nursing Orderly in the Health Department which post is equivalent to Class IV post. The appointment was within the competence of the Advisor (H). The appointment order as endorsed on 24 -7 -92 on the petitioners applications was addressed to Director/Dy. Director Health Services J&K Govt. for adjustment of the petitioner as orderly. The Dy. Director Health Services Srinagar further endorsed the application to the Chief Medical Officer Pulwama on 11 -8 -1992 for adjustment pursuant to instructions of Advisor (H). The application was handed over by the petitioner to the Chief Medical officer, Pulwama (Respondent no.3). The Respondent No.3 failed to issue order of adjustment of the petitioner, notwithstanding that number of posts of Nursing orderlies were available in the District Pulwama. The Respondent No.3 is still avoiding adjustment of the petitioner, though number of candidates have been adjusted by the Director Health Services as Nursing Orderlies in the District even after petitioner was ordered to be adjusted by the Advisor (H) to the Governor Health Department. Petitioner having been made to take rounds of the office of Respondent No. 3 has not been issued the orders, thereby, the rights of the petitioner have been violated.