MOHD. NASSER Vs. STATE OF J&K

JUDGEMENT

(1.) In this writ petition, petitioner seeks the following reliefs- MANDAMUS, commanding upon the respondents to grant the serviceseniority benefit to the petitioner w.e.f.28/9/2000 from the date when the aforesaid Farooq Ahmed Khan was selected and appointed ignoring the claim of the petitioner being more meritorious.

(2.) The case of the petitioner is that the Service Selection Board issued an advertisement notice No.1 of 1997, thereby advertising one post of Sanitary Inspector in district cadre Rajouri. It is stated that in response to said advertisement notice petitioner submitted his application form complete in all respect. It is claimed that petitioner has secured 233 marks out of 350 in the sanitary inspector examination, whereas another person, namely, Farooq Ahmed Khan So Abdul Latief Khan Ro Thannamandi Tehsil Thannamandi District Rajouri has secured 200 marks out of 350 which were wrongly calculated by the state medical faculty as 200250. It is further stated that as per the said criteria the petitioner secured 233 marks out of 350 marks in academictechnical qualification Out of 80 marks by the calculation of the Board the petitioner has secured 57 points in his academic qualification as his overall percentage is 66% in academictechnical qualification. Another candidate admittedly has secured 200 marks out of 350 marks. By convening his percentage his marks for academic qualification comes to 45 out of 80 marks reserved for academic qualification, because he has secured 200 marks out of 350 marks and his percentage comes to 57% as against the petitioner which comes to 66%. Thus by correctly calculating 200 to be awarded out of 350 the weightage of aforesaid Farooq Ahmed Khan in academic qualification comes far less than the petitioners. It is stated that by adding the viva voce marks in the academic merit of petitioner and Farooq Ahmed Khan the overall percentage of petitioner was higher than Farooq Ahmed Khan, but the respondents ignored the petitioner and issued the appointment order in favour of Farooq Ahmed Khan on 28/10/2000.

(3.) Learned counsel for the petitioner states that despite this merit position petitioner was ignored illegally which compelled him to file SWP No 22442000 titled Mohd Nasir vs. State and ors, which was dismissed on 24/11/2004 aggrieved by the said judgment the petitioner filed LPASW No.92005 titled Mohd Nasir VS State and Ors., which was allowed by virtue of judgment dtd. 18/3/2010. Thereafter, State filed SLP against the said judgment which was also dismissed on13.12.2010, bearing No SLP CC173842010 titled State of J&K VS Mohd Nasir. It is stated that in compliance of judgment of Hon'ble Division Bench and with reference to recommendation of SSRB made on 27/5/2010 petitioner was appointed as Sanitary inspector vide order bearing No.607HME of 2010 dtd. 16/12/2010. It is further stated that the petitioner after getting his appointment immediately filed a representation seeking retrospective effect of his appointment w.e.f. 28/9/2000, when aforesaid Farooq Ahmed Khan stood appointed. The petitioner claims to have moved number of representations to the respondents and the respondents have given the assurance to the petitioner that his grievances will be redressed, but till date respondents have not decided the representation of the petitioner.