VIJAY KUMAR Vs. STATE OF J & K.

JUDGEMENT

(1.) Impugned in this writ petition is order passed by respondent No.3 vide his No.DHSJ/Legal/8387-90 dtd. 18/1/2012, whereby case of the petitioner has been considered in terms of order dtd. 31/10/2011 passed in SWP No.2220/2011 and rejected.

(2.) Briefly stated, the facts leading to the filing of this writ petition are:-

(3.) The sole contention raised on behalf of the petitioners is that several employees similarly situated with the petitioners, whose services had been terminated by the State were taken back in service, as such, no discriminatory treatment can be meted out to the petitioners. It is, however, not in dispute that the initial appointments of the petitioners as Class-IV made by then Director, Health Services, Jammu were without any public notice and without conducting any selection process. It is also not in dispute that subsequently their appointments were terminated by the respondents. The matter was taken to the Court, however, the challenge to their termination also failed. The petitioners, however, claim that similarly circumstanced persons in the Department of agriculture, education etc have been accommodated, therefore, nothing prevents the respondents to show similar compassion in the case of the petitioners as well.