Jammu & Kashmir High Court
Dinesh Sharma And Anr. vs High Court Of J&K; And Anr. on 1 September, 2017
Bench: Alok Aradhe, B. S. Walia
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
SWP No. 344/2017
MP No. 01/2017
Date of order: 01.09.2017
Dinesh Sharma and anr. Vs. High Court of J&K and anr.
Coram:
Hon'ble Mr Justice Alok Aradhe, Judge
Hon'ble Mr Justice B. S. Walia, Judge
Appearing counsel:
For Petitioner/appellant(s) : Mr. Surjit Singh Adndotra, Advocate
For respondent (s) : Mr. A. V. Gupta, Sr. Advocate with
Mr. Munish Sharma, Advocate Petition is admitted to hearing.
2. With the consent of learned counsel for the parties, the matter is heard finally.
3. In this writ petition, the petitioners inter alia seek a direction to the respondents to consider the case of the petitioners for appointment to the post of Process Server in the light of the decision render by the Supreme Court in the case of Sandeep Singh vs. State of Haryana (2002) 10 SCC
549.
4. When the matter was taken up today, learned counsel for petitioners submitted that the petitioners have participated in the process of selection to the post of Process Server held by the respondents in District Kathua, however, their names find place in the waiting list. It is submitted that still some posts of Process Server are lying vacant. It is further submitted that the petitioners be granted liberty to file representation to the competent authority and the aforesaid authority be directed to consider and decide the SW P No. 344/2017 Page 1 of 2 representation submitted by the petitioners within a fixed time limit by a speaking order. On the other hand, learned senior counsel for the respondents submits that in case such a representation is filed the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, this petition is disposed of with a direction that in case petitioners submit representation with regard to their grievance within a period of two weeks from the date of receipt of a certified copy of order passed by this Court today, the competent authority shall decide the same within a period four weeks from the date of receipt of such representation. It is made clear that this Court has not expressed any opinion on merits of the case.
6. With the aforesaid directions, writ petition is disposed of.
(B. S. Walia ) (Alok Aradhe)
Judge Judge
Jammu
01.09.2017
Karam Chand
SW P No. 344/2017 Page 2 of 2