Lakhbir Singh And Others vs Dheeraj Sharma And Others
2021 Latest Caselaw 823 j&K

                                                                 Sr. No. 108
        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU
CJ Court

Case: WP(C) No. 1546 of 2021


Lakhbir Singh and others                           ...Petitioner(s)/Appellant(s)

                                  Through: Sh. Sunil Sethi, Sr. Advocate with
                                           Sh. Ankesh Chandel, Advocate.

                           v/s
Dheeraj Sharma and others                                      .... Respondent(s)
                                  Through: Sh. Raman Sharma, AAG for
                                           official respondents.


       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE


                                       ORDER

01. Heard Sh. Sunil Sethi, senior counsel assisted by Sh. Ankesh Chandel,

learned counsel appearing for the petitioners.

02. The petitioners were selected and appointed as Constable (Operator) in

J&K Police Telecommunication pursuant to the advertisement issued in the

year 2007 and after facing the selection process. The said selection was set

aside on the ground that it ought to have been State wise rather than district

wise. So the Government came out with a Scheme to adjust all the selected

candidates as Wireless Assistants on consolidated pay and adjustment was

done vide order dated 10.07.2018 as the petitioners had started working

pursuant to their initial selection and appointment. The said adjustment has

been set aside by the Tribunal on the ground that selection is without

advertisement and without adopting proper selection process.

03. The argument is that there is a basic fallacy in the above reasoning

inasmuch as the appointments of the petitioners were made after due

advertisement and the selection process.

04. Sh. Raman Sharma, learned Additional Advocate General has accepted

notice on behalf of official respondents.

05. Notice only to private respondents.

06. List for admission/final disposal on the service/return of the notices on

29th September 2021 along with WP(C) No. 1548 of 2021.

07. In the meantime, the effect and operation of the impugned judgment and

order of the Tribunal dated 28.07.2021 inasmuch as it sets aside the

Government Order No. 891 Home of 2018 dated 10.07.2018 shall remain in

abeyance.

                        (PUNEET GUPTA)                   (PANKAJ MITHAL)
                                JUDGE                     CHIEF JUSTICE
Jammu
05.08.2021
Sunita