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| HC dismisses petition of Excise Employees | | | EARLY TIMES REPORT
Jammu, January: 05 (JNF):- Justice Hakim Imtiyaz Hussain today dismissed a petition of filed by an Excise employee, Muhammad Tufail seeking release of salary from 1998 till date along with interest @ 15%.
The petitioner submitted that appointments of orderlies, process servers and guards in the excise dept came to be challenged in the State High Court; the writ court quashed these appointments on July 5, 2000 and filed LPA but could not succeeded and matter went to the Apex Court. Apex Court maintained the said judgment of Writ Court and directed that all the vacant posts shall be notified for the appointment and applications called for in accordance with rules within six months from the date of the judgments. The respondents state in compliance with the direction of Apex Court issued notification on April 2, 2005, the case of the petitioners are that they are holding posts washer-cum-packer and bottler-cum-sealer under the direction of the Apex Court, respondents have not notified these posts and they can continue on these posts till a regular selection is made.
The court after hearing the parties observed that since the department has taken specific stand that the posts held by the petitioners under the direction of the Apex Court are not in existence now and that all the vacant posts available with the department have already been advertised and a proper selection was made against these posts. Court did not find that petitioners have any right to continue on the said posts under the pretext of the Apex Court’s judgment. Petitioners could not show whether any post is available with the respondent on which they can continue and withdraw their salaries. The posts earlier held by the petitioner have already been withdrawn by the respondents as the ware houses where these posts were available have no been closed down. The posts are not in existence now, other available posts of orderlies etc have already been advertised and in these behalf process of selection is already completed but the petitioners could not get any of the posts. In these circumstances they cannot claim any continuation on a post which does not exist now and dismissed the petition. JNF
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