Union Of India And Others vs Gagan Deep
2021 Latest Caselaw 1529 j&K

                                                                          Sr. No. 64

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU
CJ Court

Case: LPA No. 117 of 2021

Union of India and others                                .....Appellant/Petitioner(s)

                                  Through :- Sh. Vishal Sharma, ASGI
                            v/s

Gagan Deep                                                        .....Respondent(s)
                                  Through :-


CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE MOHD. AKRAM CHOWDHARY, JUDGE

                                     ORDER

01. Delay of 50 days in filing the appeal is condoned in view of the

directions of the Supreme Court which provide for the extension of the

limitation in respect of the orders passed during COVID up to 3rd October

2021.

02. Delay Condonation Application No. 8761 of 2021 stands disposed of.

03. Heard Sh. Vishal Sharma, learned Assistant Solicitor General of India

for the appellants.

04. The Union of India has preferred this appeal against the judgment and

order dated 1st June 2021 passed by the writ court allowing the writ petition,

WP (C) No. 645 of 2020 with the direction to the Union of India to consider

and appoint the petitioner against the post of Constable (GD) that has fallen

vacant due to non-availability/non-selection of the candidates under the Ex-

serviceman category after removing the deficiency in the name of the

petitioner's father.

05. The submission of Sh. Sharma, learned counsel for the appellants is that

there is no post which has fallen vacant in the above category due to non-

availability/non-selection of the candidates. Rather, certain posts have been

kept reserved as per the terms and conditions of the advertisement due to

court cases and, as such, the writ court committed an error in issuing the

above positive direction on the basis of the one sided version only.

06. Issue notice to the respondent returnable at an early date.

07. List on 24th March 2022.

08. In the meantime, the effect and operation of the judgment and order

dated 1st June 2021 shall remain in abeyance provided the appellants will not

make any appointment on the post of Constable (GD) under the Ex-

serviceman category except on the posts which have been kept reserved.

(MOHD. AKRAM CHOWDHARY) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE JAMMU 24.11.2021 Tilak.