STATE OF J&K AND OTHERS Vs. NISHA SHARMA

JUDGEMENT

(1.) The instant Letters Patent Appeal has been preferred against the judgment and order dated 01.12.2016, passed in SWP No. 674/2013, whereby the writ petition has been allowed inter alia with a direction to the respondents to give retrospective effect to the appointment of the petitioner/respondent herein notionally in accordance with her merit position in the select list, with a further direction to fix her seniority and salary accordingly.

(2.) Briefly stated, the material facts are as under:-

(3.) An advertisement notice bearing No. 07 of 1995 dated 12.10.1995 came to be issued by the official respondents. The petitioner/respondent herein on considering herself eligible applied and was not selected. Being aggrieved of her nonselection she filed SWP No. 686/1997, claiming that she had not been given an additional weightage of her M. Ed. Degree, which would take her merit to 58.10 points, as against the last candidate selected, who had secured 55 points. Vide judgment and order dated 21.11.2000, the Writ Court in SWP No. 686/1997 issued a mandamus with a direction to the respondents to consider the case of the petitioner on the basis of her M.Ed. qualification.