Arjun Singh And Others vs State Of J&K And Another

Petitioners in this petition are seeking their appointment as Physical Education Teachers w.e.f. 27th April, 2010 with all consequential benefits

instead of w.e.f. 12th April, 2017, the date on which the petitioners were formally appointed to the post of Physical Education Teachers.

Briefly stated the facts giving rise to the filing of the instant writ petition are that, advertisement notification bearing No. 06 of 2008 dated

28.05.2008 came to be issued by Jammu and Kashmir Services Selection Board inviting inter-alia, the application for the posts of Physical Education

Teachers in the Department of Youth Services and Sports. The petitioners being graduate with outstanding sports career and eligible in terms of

advertisement notification submitted their application forms for various districts. The J&K Services Selection Board after conducting the selection

process and considering the petitioners also eligible for the post, prepared a select list in which the petitioners’ named figured as selected

candidates. The appointing authority i.e. the Department of Youth Services and Sports, however raised issue of eligibility with regard to the petitioners

and others who were possessing the qualification of graduation with outstanding sports career.

The dispute landed before this Court by the medium of SWP No. 332/2011 and other clubbed matters. These writ petitions were filed by the

petitioners and similarly situated persons who despite being in the select list were not appointed by the appointing authority on the ground of their

ineligibility to hold the post. It is stated that in some similar cases the respondents had issued the appointment orders but same too were later on kept in

abeyance. All these matters were considered by a Bench by this Court and vide judgment dated 03.10.2016, all the petitions were allowed and while

holding the petitioners eligible for the post, a direction was issued to the respondents to appoint the petitioners as Physical Education Teachers,

pursuant to their selection made by Services Selection Bard, with all consequential benefits.

In compliance to the judgment passed by this Court, respondents considered the petitioners and ultimately vide order dated 12.04.2017 appointed the

petitioners as Physical Education Teachers in their respective districts. The grievance of the petitioners is that though the first part of the judgment

passed by this Court has been implemented by issuing the appointment orders in their favour but no consequential benefits have been so far accorded.

It is claimed by the petitioners that since they were illegally denied the appointment which was due to them along with other selected candidates with

regard to whom the appointing authority had not raised any issue of eligibility and therefore they are also entitled to be appointed from the said date.

The petitioners submit that others with regard to whom there was no dispute with regard to their eligibility were appointed on 27.04.2010.

Mr. Aseem Sawhney, learned AAG appearing for the respondents sought time to file objections. However, in view of the admitted position of facts

and law, I do not think it appropriate to grant him any further opportunity. The judgment passed by this Court is required to be complied with in letter

and spirit.

Having heard learned counsel for the parties and perused the record, I am of the view that the judgment passed by this Court dated 03.10.2016 is to

be given the full effect. It is true that first part of the judgment providing for issuance of appointment orders in favour of the petitioners has been

complied with, however, the petitioners have been appointed prospectively and their inter-se seniority has been provided to be determined on the basis

of their merit in the selection. The requirement of the judgment passed by this Court as also of the rules is that they are to be appointed retrospectively

with effect from the date, the candidates selected along with them in their respective districts have been appointed.

The writ petition is, accordingly, disposed of holding the petitioners entitled to their appointment from retrospective date i.e. the date on which

candidates selected along with them in their respective districts were appointed and shall also be entitled to all consequential benefits minus monetary

benefits. Let this exercise be undertaken and appropriate orders passed by the respondents within a period of four weeks from the date, a certified

copy of this order is served upon the respondents.