Mohammad Frooq Mir vs State

Syed Bashiruddin, J.

Heard.

Petitioner, initially temporarily appointed against Class IV vacancy in Education Department by Deputy Commissioner Budgam on 22.2.1993

(annexure C) has been continued under orders of District Education Officer and DC Budgam till petitioner filed SWP No. 1305/93. The petition

was disposed of on 27.11.1998 with directions as under :

.....What is to the favour of the petitioner is that by now he has put in more than 5 years on the establishment of the Respondent, therefore,

deserves to be continued till selection in accordance with the mode prescribed under law is evolved and the petitioner shall have a right of the

consideration in such process. His past service shall also be taken into consideration. The petitioner shall be paid salary in accordance with the

Rules. Writ petition is disposed of accordingly.....

The petitioner's case now is that the mode of selection of class IV has not been evolved and the direction as above is not being implemented. The

respondents despite having the powers to regularise, are not regularising the services of the petitioner and in case services of petitioner are

dispensed with, the same would breach above direction of the Court. On this premise petitioner is seeking relief for placing restraint on

respondents to dispense with the services of the petitioner and prays for command to accord consideration to the petitioner in terms of the earlier

Court order.

These reliefs sought are already covered by the above directions of the writ Court passed on 27.11.1998 in SWP No. 1305/93 on the very

subject. After filing of the above first writ petitioner no new development has taken place. In fact there is no fresh cause for filing this second

petition. The petitioner could pursue his remedies but cannot file this second writ petition with self same pleas on the very subject and for the very

relief, which is already covered by the earlier writ petition and direction of the Court issued thereto (while disposing of that petition). The selfsame

relief cannot be solicited in this second petition when the very relief is covered by the final orders of the first writ petition.

The counsel for the petitioner concedes that no new mode or method is required to be evolved by the respondents for purposes of regularisation

of the class IV employees in the education department as the rules/executive orders covering the field are already in vogue (SRO 240/97). The

statutory Rules and orders fully cover petitioner's case. In that sense the petitioner's case shall have to be considered in terms of the earlier

direction in accordance with the Statutory Rules and orders on the subject.

The petitioner in terms of the earlier directions is to continue till the selection is made in accordance with law. Needless to say that the petitioner

has a right of consideration in such selection process.

The writ petition is disposed of as above, at this preadmission stage alongwith connected CMPs.