FAROOQ AHMAD QURESHI Vs. STATE

JUDGEMENT

(1.) PETITIONER had approached this Court twice before filing these two writ petitions. His first writ petition, SWP No. 140/89, was allowed issuing a writ of mandamus commanding the respondents to consider his case for regularization on the post and in the grade of Superintendent Spinning and Testing with effect from 16.04.1984 when he had started holding the post on charge basis. It was further provided that if the post of Superintendent Spinning and Testing was available in the Directorate of Handlooms, the consideration shall be accorded on that basis and if, on the basis of the impugned order, the post stood transferred and was not available, to that extent, the impugned order dated 15.02.1988 shall be deemed to have been quashed and set aside with the result that the post of Superintendent Spinning and Testing shall be deemed to be available in the Directorate of Handlooms for the purpose of according consideration to the petitioner.

(2.) COMPLYING the directions issued by the Court, the Government of Jammu and Kashmir in the Industries and Commerce Department issued Order No. 106 -lnd. of 1996 dated 08.03.1996 directing restoration of the post of Superintendent Spinning and Testing, UNDP Project and petitioners promotion as Superintendent Spinning and Testing, UNDP in Handloom Development Department in the grade of Rs. 2125 -3600. It was further provided in the order that the petitioner shall be eligible for placement in the pay scale of Rs. 2500 -4000 after completion of two years of service in the said cadre. This was, however, made subject to the clearance by the Departmental Promotion Committee/Public Service Commission.

(3.) GOVERNMENT Order No. 106 -lnd. of 1996 dated 08.03.1996, aforementioned, was questioned by the petitioner in his second writ petition, SWP No. 631/96, seeking inter alia a direction to the State respondents to consider him for induction into the Jammu and Kashmir Administrative Service against one of the posts allotted to the Jammu and Kashmir Handloom gazetted service.