STATE OF J&K Vs. SUNITA ANAND

JUDGEMENT

(1.) WRIT petition was preferred by the respondent herein for a declaration that she should be deemed to have been appointed with effect from September 20, 1984 to the post of Under Secretary under reserved category quota of female candidates and conferred all the consequential benefits of salary, promotion, seniority etc. Direction was also sought for refixing her seniority after inducting her at proper seniority position under reserved category for female candidates at serial no.265 below Mrs. Zahida Parveen in the list of selected candidates in the Combined Service Examination with all other consequential benefits.

(2.) THE learned Single Judge allowed the writ petition, holding that the petitioner would be entitled to get appointment under reserved category and the relief already given to her by the State Government as per the decision of the Supreme Court was inadequate. It is also ordered that she would be entitled to get restoration of her seniority etc. The State has come up with this appeal aggrieved by the directions give by the learned Single Judge.

(3.) LEARNED counsel appearing for the State Government submitted that the learned Single Judge has committed an error in holding that the petitioner would be entitled to get appointment in the reserved category, a contention which was never raised by the petitioner in her previous writ petition. Further it was also submitted that the petitioner and other similarly placed persons were not appointed on the basis of recommendations of the Public Service Commission in the Combined Competitive Examination and various writ petitions were preferred claiming appointment. The matter ultimately came up before the Supreme Court in Civil Appeal, "State of J&K etc. v Javaid Iqbal & ors." The appeals were disposed of by the Apex Court on August 27, 1992, directing as follows: