Excelsior Correspondent
JAMMU, June 30: State High Court has dismissed a petition seeking quashment of two orders whereby 184 candidates were appointed as Operators in the Police Department.
While dismissing the petition, Vacation Judge of High Court Justice Sanjeev Kumar observed, “the precise grievance projected by the petitioners is that apart from filing Letters Patent Appeal, they also filed another writ petition in which a Single Bench stayed the operation of the impugned order to the extent of the petitioners giving liberty to the official respondents to appoint the petitioners in the original writ petition”, adding “they are of the stand that in the face of the directions, which are still in force, the impugned order of appointment of the private respondents could not have been validly issued by respondent”.
“The petitioners further contend that interim order dated 27.01.2017 came to be passed by this court only after realizing that despite having taken more than three years, official respondents had not been able to re-draw the merit list, as directed vide judgment dated 09.05.2014 and in the meanwhile, there were subsequent developments like filing of review petition by the State with a stand that they did not intend to oust the petitioners and would rather be happy to accommodate the writ petitioners in the original writ petitions and clubbed matters”, Justice Sanjeev Kumar further observed.
“The contention of the petitioners that in view of the developments that took place after passing of judgment dated 09.05.2014, issuance of orders impugned more particularly in view of interim order passed by this court on 27.01.2017 respondent should not have issued the impugned orders, cannot be accepted because the orders impugned in the writ petitions, though issued belatedly by respondent, are only to comply with the final judgment passed by this court on 09.05.2014”, High Court said, adding “it is not the case of the petitioners that the orders impugned are beyond the scope of the judgment dated 09.05.2014”.
“That being the position, no writ would lie to restrain the official respondents from implementing the legitimate orders passed by this court. The plea of the petitioners that there was direction of this court to comply with order dated 09.05.2014 within a period of four weeks, as such, delay of about three years in complying with the judgment has shifted equities in their favour is also devoid of any merit”, Justice Sanjeev said, adding “simply because the judgment was not implemented within the stipulated period, it cannot render the judgment incapable of being implemented”.
“It is only when the review petition filed by the State was dismissed, the exercise as directed by this court to be undertaken by the official respondents was taken to its logical conclusion which ultimately resulted in issuance of the orders impugned”, High Court said while dismissing the petition.
Follow our WhatsApp channel