MEHRAJ-UD-DIN SEH Vs. STATE OF JK

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment dated 15th of November, 2017, passed by the learned Single Judge in SWP Nos.1477/2014 and 619/2014, whereby both the petitions filed by the same Writ petitioner/ appellant herein have been dismissed.

(2.) The facts, put in a nutshell, leading to the filing of the instant appeal are that the Writ petitioner/ appellant herein claims to have been appointed as a Lab Assistant on consolidated monthly salary of Rs.9,000.00 vide order dated 6th of September, 2010, issued by the Chief Medical Officer, Anantnag. It is stated that the Writ petitioner/ appellant was discharging his services in the respondent Department without any breaks, however, the District Informatics Officer in the office of the Deputy Commissioner, Anantnag, vide communication No. DCA/NRHM/13/4004-8 dated 16th of December, 2013, informed the Convener DRHS/ Chief Medical Officer, Anantnag, that the engagement of the Writ petitioner/ appellant herein has not been made with the approval of the Chairman, DRHS, Anantnag and, as such, grant of extension or otherwise cannot be decided. Aggrieved thereby, the Writ petitioner/ appellant filed SWP No. 619/2014, wherein, on consideration, the respondents were directed to release the legitimately earned wages in favour of the Writ petitioner/ appellant, notwithstanding the objections raised in communication No. DCA/NRHM/13/4004-8 dated 16th of December, 2013 and that his position shall not be disturbed till next date before the Bench. Thereafter, as stated, instead of releasing the legitimately earned wages in favour of the Writ petitioner/ appellant and maintaining his present position, the Chief Medical Officer, Anantnag, issued a communication to the Block Medical Officer, Verinag, whereby the engagement of the Writ petitioner/ appellant herein stands terminated. It is contended that the Writ petitioner/ appellant kept on performing his duties in the respondent Department and it is only after issuance of communication dated 21st of June, 2014, issued by the Chief Medical Officer, Anantnag/ Vice Chairman DRHS addressed to the BMO, Verinag, informing the BMO that he will be personally accountable and answerable in case the Writ petitioner/ appellant is rendering his services or will do so in future, that the Writ petitioner/ appellant got the knowledge of issuance of communication dated 18th of December, 2013. Faced with the said eventuality, the Writ petitioner/ appellant filed yet another writ petition, being SWP No. 1477/2014, wherein he assailed both the said communications dated 18 th of December, 2013 and 21st of June, 2014. The learned Single Judge, in terms of judgment dated 15th of November, 2017, on consideration of the matter, dismissed both the writ petitions filed by the Writ petitioner/ appellant. It is this order of the learned Single Judge which is under challenge herein this Letters Patent Appeal before us.

(3.) We have heard the learned counsel for the parties, perused the record and considered the matter.