MANZOOR AHMAD BAQAL Vs. SRINAGAR MUNICIPALITY

JUDGEMENT

(1.) PETITIONERS I to 4 were appointed Junior assistants by the Executive Officer, Srinagar Municipality by his order dated 01 -09 -1995. On the same day, he also appointed petitioners 5 to 8 as class IV employees in the Srinagar Municipality, all the petitioners, it is admitted were removed from service by the respondents vide order No. 1078 of 1995 dated 15 -12 -1995.

(2.) PETITIONERS challenge the order of termination on the ground of being violative of Article 14 and 16 of the Constitution as also provisions of J&K Civil Service (Classification, control and Appeal) Rules 1956 because they were not heard before passing the impugned order, thereby violating the rules of natural justice. Since the order impugned according to the petitioners is violative of rules of natural justice, it is prayed that they be deemed to be in service and entitled to the pay and emoluments of the posts on which they were appointed.

(3.) RESPONDENTS while controverting averments made in the petition have maintained that the appointment of petitioners being void because the Executive Officer of the Municipality was not empowered to make such appointments, the order of their removal is legally valid because a void order of appointment did not create any right in them.