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2017 DIGILAW 876 (JK)

Mohd. Afzal v. State of J&K

2017-09-22

TASHI RABSTAN

body2017
JUDGMENT : 1. Petitioner through the medium of instant petition is seeking direction to respondents to issue formal appointment order in his favour pursuant to his selection against the post of Class-IV in respondents-department; with a further direction to post/adjust him to some suitable place and also to release the salary from the date he has joined, i.e., 20.08.2014 till date. 2. It is contended that in pursuance of Advertisement Notice No. AHJ/NG/3300-06 dated 28.01.2003, various posts of Class-IV under ST category were advertised by the Associated Hospitals of Government Medical College, Jammu. Thereafter, provisional select list of short-listed candidates was issued vide Order No. AHJ/2014/C-IV/1145-50 dated 23.06.2014 in which the name of the petitioner is also figured. It is further contended that on 17.08.2014, the final select list was issued by the respondents in which, name of the petitioner is shown at Serial No. 12 under ST Category, and all the selected candidates were directed to report in the office of respondent No. 2 within 21 days from the date of publication of select list. Accordingly, petitioner, as per direction, has put his joining on 20.08.2014 and regularly attending the office of respondent No. 3-Personal Officer, Associated Hospital of Government Medical College, Jammu. It is contended that despite submission of joining report, formal appointment order has not been issued in favour of petitioner. Hence, this petition with a direction to the respondents to issue formal appointment order in favour of the petitioner in terms of his selection against the post of Class-IV under ST Category on the grounds set out in it. 3. Despite notice, respondents have not chosen to file reply. It shows that respondents have no serious objections in according consideration to the claim of the petitioner. 4. At this stage, learned counsel for the petitioner states at the Bar that petitioner would feel satisfied in case this petition is disposed of with a direction to respondents to issue formal appointment order in favour of the petitioner for the post of Class-IV under ST Category, in terms of selection list published in Daily Excelsior Newspaper dated 17.08.2014, and also to consider for release of salary from the date of joining i.e. 20.08.2014 within certain timeframe to which other side has no objections to accord consideration, of course, under rules. 5. 5. Accordingly, this petition at request is disposed of with a direction to the respondents to issue formal appointment order in favour of the petitioner for the post of Class-IV under ST Category, in terms of select list published in Daily Excelsior Newspaper dated 17.08.2014 within a period of six weeks from the date of receipt of copy of this order, provided there is no legal impediment. It is further provided that respondents are at liberty to consider the claim of the petitioner for release of salary, if any. 6. Disposed of as above along with connected MPs.