LAWS(J&K)-2009-8-36

SURAYA JABEEN Vs. STATE OF J&K AND ORS.

Decided On August 28, 2009
SURAYA JABEEN Appellant
V/S
State of JAndK And Ors Respondents

JUDGEMENT

(1.) Following reliefs are sought in this writ petition:

(2.) The case of the petitioner is that she being eligible and qualified, applied for the post of Staff Nurse in respondent Institute in pursuance to advertisement Notice No. 2 of 2001 whereby permanent posts of staff Nurses were advertised. Further claim of the petitioner is that instead of appointing the petitioner on substantive basis on her merit, she was appointed on consolidated basis against vacant post of Staff Nurse. Petitioner challenged the said action of the respondents by filing SWP No. 688/2004, in which this Court directed the respondents to continue the petitioner against the post of Staff Nurse.

(3.) The claim of the petitioner is that though she has been engaged on contractual basis but she has been denied the benefit of Government order No. 168-GAD of 2004 dated 09th of February, 2004, the paragraph-V of which is reproduced as under: