LPA No. 81 of 2012. Case: Tariq Ahmad Badroo and Ors. Vs State and Ors.. High Court of Jammu and Kashmir (India)
| Case Number | LPA No. 81 of 2012 |
| Counsel | For Appellant: R.A. Jan, Sr. Adv. and Salman Mattoo, Advs. and For Respondents: A. Haqani, Adv. |
| Judges | Virender Singh, Actg. C.J. and Hasnain Massodi, J. |
| Issue | Service Law |
| Citation | 2013 LabIC 642 |
| Judgement Date | May 17, 2012 |
| Court | High Court of Jammu and Kashmir (India) |
Judgment:
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Through the instant Letters Patent Appeal, the appellants-writ petitioners assail the impugned judgment dated 23rd of April, 2012 passed by learned single Judge whereby the writ petition bearing SWP No. 878/2011 stands dismissed. Mr. Haqani has put in appearance on behalf of respondents 2 to 4. As directed he has placed on record the Rules indicating the Quota for Direct Recruitment to the posts of Depot Manager.
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The appellants being aggrieved of the Advertisement Notice No. 873 of 2011 dated 9th of March, 2011 issued by the J and K State Road Transport Corporations (for short 'Corporation') inviting applications for the posts of Depot Manager against the available vacancies in the Direct Recruitment Quota in the Corporation, preferred writ petition (SWP No. 878/2011) inter alia on the ground that the 'Corporation' which, in fact, was facing financial crunch should have utilized their services against the aforesaid posts as they were more, experienced being in-service and acquired requisite training on different occasions, which plea was resisted by the 'Corporation' on the ground that the posts advertised were meant for direct quota only, therefore, could not be filled up by promotion and that the appellants were adjusted as Junior Inspector in the year 2002 followed by their promotions made in terms of recommendation of the Departmental Promotion Committee as Inspector/Block Managers which promotion was accepted by the appellants without any resistance and therefore, they were estopped from taking plea of their adjustment as Depot Managers against the posts now advertised.
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It was further the case of the 'Corporation' that some of its employee had also responded to the aforesaid Advertisement Notice and that the appellants, if at all, were interested to seek their adjustment, they were not debarred to apply and participate in the selection process.
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The learned single Judge did not find favour with the plea taken by the appellants and held that the adjustment of the appellants against the posts advertised would be dehors of Rules as they were already promoted in the year 2010 which was accepted by them without any whisper. With regard to the financial crunch being faced by the Corporation, it was observed by the learned single Judge that this being the affairs of the Corporation can be best left open for its Management to run.
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Heard Mr. Jan, learned Sr. Advocate assisted by Mr. Salman Matoo Advocate and Mr. Haqani Advocate for the Corporation.
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Mr. Jan submits that the learned single Judge, while rendering the impugned judgment, has erred in law in not...
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