Abid Hussain Bhat And Others vs State Of J&K And Others
2021 Latest Caselaw 911 j&K/2

                                                            S. No. 53
                                                     Supplementary-1 Causelist


 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                              AT SRINAGAR

CJ Court

                        Case: WP (C) 1585/2021
                           CM (5347/2021)

Abid Hussain Bhat and others
                                                ... Petitioner/Appellant(s)
Through: Mr. Hakim Suhail Ishtiaq, Advocate

                        V/s
State of J&K and others
                                                        ... Respondent(s)


CORAM: HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                ORDER

16-8-2021

1. Heard Mr. Ishtiaq, learned counsel for the petitioners.

2. The petitioners were selected and appointed as Constable (Operator) in J&K Police Telecommunication pursuant to the advertisement issued in the year 2007 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.

WP (C) 1585/2021 Page-2

04. Notice only to private respondents. The proforma respondents may be served through their respective departments where they are working.

05. List on 29.9.2021, through video conference, if necessary.

06. 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.

                                      (SANJAY DHAR)           (PANKAJ MITHAL)
                                           JUDGE                CHIEF JUSTICE

           Srinagar
           16-08-2021
           N Ahmad




NISSAR A BHAT
2021.08.17 12:07
I attest to the accuracy and
integrity of this document