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2025 DAILYLAW 6406 (JK)

MST. TAJA BEGUM v. UNION OF INDIA AND OTHERS

SWP/813/2012 · 2025-06-05

Vinod Chatterji Koul

body2025

Judgment text

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S. No. 26 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR SWP No. 813/2012 Mst. Taja Begum …Appellant/Petitioner(s) Through: Mr. Shafqat Nazir, Advocate with Ms. Heena Bakal, Advocate Vs. Union of India and Ors. ...Respondent(s) Through: Mr. T.M. Shamsi, DSGI with Ms. Shugufta Maqbool, Advocate CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 05.06.2025 Mr. Shafqat, counsel for petitioner, after elaborating the facts of the case as contained in instant writ petition, has stated that petitioner would be satisfied if respondents are directed to consider the case of petitioner in terms of OM No.14014/6/94-Est(D) H 9/10/-1998 and while doing so they have to take her eligibility from the date when she initially applied for her appointment and that her consideration cannot be from any other date other than the date when she applied and was eligible along with the applicants who had approached them much after her. On the other hand, Mr. Shamsi, DSGI, submits that petitioner’s case can be considered afresh in view of the averments made in the writ petition and taking into account OM No.14014/6/94-Est(D) H 9/10/-1998 provided she is eligible and entitled to be appointed in terms thereof and of course in accordance with rules governing the field. Therefore, having regard to submissions made and relief claimed for, this writ petition is disposed of by directing respondents to consider the case of petitioner for appointment under and in terms of OM No.14014/6/94-Est (D) H 9/10/-1998, of course, if she was eligible on the date when she applied for it. Her consideration for appointment should be only along with those similarly situated persons but not with those who had applied for such appointment in terms of said OM No. 14014/6/94-Est(D) H 9/10/-1998 later on. The consideration order shall be passed by respondents within two months and before passing such order they shall also give an opportunity of being heard to the petitioner so that she could put her case before them. Disposed of. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 05.06.2025 Shabroz