Romesh Chander And Others vs Union Territory Of J&K And Another
2021 Latest Caselaw 195 j&K

                                                                          104

                HIGH COURT OF JAMMU AND KASHMIR
                           AT JAMMU

                                                 WP(C) No.245/2021
                                                 CM No.1247/2021

Romesh Chander and others                                       .....Petitioner(s)

                  Through :- Mr. A.K. Sawhney, Advocate.

                         V/s

Union Territory of J&K and another                            .....Respondent(s)

                  Through :-

CORAM :

        HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
        HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

                                   ORDER

25.02.2021

1. In the first round of litigation, the petitioners had approached the

learned Single Bench of this Court, praying for completion of the process of

selection for Class-IV posts in District Udhampur, which had been initiated in

the year 2006 vide Advertisement Notice No. 01 of 2006 dated 20.03.2006.

The Writ Court by virtue of order dated 04.04.2012 directed the respondents to

complete the process of selection so initiated within a period of two months. It

appears that order was not complied with, which forced the petitioners to file

the contempt petition No. 315/2012.

2. In the meantime, the official respondents appear to have issued another

Advertisement No. DCU/DLCRC/20-21/317 dated 08.07.2020 for district

Udhampur, which according to the learned counsel for the petitioners also 2 WP(C) 245/2021

included 165 Class-IV posts, which had earlier been advertised in the year

2006.

3. Being aggrieved of the non-compliance of the judgment and order

passed by the Writ Court in the earlier round of litigation, as also the process

initiated by the respondents to fill up the posts, which were the subject matter

of the advertisement notice of 2006, the petitioners approached the Central

Administrative Tribunal, Jammu Bench vide OA No. 482/2020. The Tribunal

vide judgment and order dated 08.12.2020 has dismissed the OA, primarily, on

the ground that the selection, which had been commenced in the year 2006

could not be prolonged any further. The effect of the judgment and order

passed by the Writ Court, however appears not to have been considered in the

correct perspective.

4. Issue notice to the respondents, returnable within three weeks.

5. List again on 07.04.2021.

6. In the meantime, subject to objections from the other side and till next

date of hearing, while the process of selection initiated vide Advertisement

No. DCU/DLCRC/20-21/317 dated 28.07.2020 may be continued, 42 posts

advertised in the said advertisement notice be not filled up till further orders.

7. Learned counsel for the petitioners further stated that in the earlier round

of litigation, there were 52 candidates, who had filed the writ petition, seeking

a direction for finalization of the selection process earlier issued and that

another 10 petitioners were in the process of filing a writ petition. He,

therefore, prays that instead of 42 posts, 52 be reserved. However, in regard to 3 WP(C) 245/2021

those petitioners, who are not before Court today, we need not pass any order

and their cases will be considered as and when the petitions are filed.

                                      (Javed Iqbal Wani)          (Dhiraj Singh Thakur)
                                           Judge                         Judge
            JAMMU
            25.02.2021
            (Ram Krishan)




RAM KRISHAN
2021.03.01 13:10
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