Sr. No. 18 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR SWP 751/2019 IDREES AHMAD BHAT AND ORS …Petitioner(s)/appellant(s) Through: Mr. Sakib Amin Parray, Advocate Vs. STATE OF J AND K AND ORS. (RELIEF AND REHABILITATION DEPARTMENT) ...Respondent(s) Through: Mr. Hakim Aman Ali, Dy. AG. CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE O R D E R 24.02.2025 1. In the instant petition filed under Article 226 of the Constitution, the petitioners herein have, inter alia, prayed that the respondents be commanded to continue them as Disaster Management Professionals in the District Disaster Management Authority as well as Divisional Disaster Management Cell till the posts against which they have been engaged are filled up on a regular basis, while praying further that, in the event a process for filling of the post on a regular basis is initiated, the petitioners herein be also considered. The petitioners have further sought a direction to the respondents to release their unpaid salary/honorarium for the services they have rendered. 2. Objections to the petition have been filed by the respondents wherein the petition is being opposed on the premise that though the petitioners herein came to be engaged as Disaster Management Professionals in Project Management Unit Jhelum and Tawi, Flood Recovery Project initially for a period of one year, w.e.f. 06.12.2016 on consolidated basis, and, the term of their engagement outlived its life by the efflux of time and as such, petitioners cannot claim to be continued and that the petitioners have no right to continue, as their engagement was covered by the terms of their engagement. Junaid Ayoub I attest to the accuracy and authenticity of this document Heard learned counsel for the parties and perused the record. 3. According to the counsel for the petitioners, admittedly, the petitioners initially came to be engaged in Jhelum Tawi Recovery Project in the year 2016, however, subsequently they, by virtue of order dated 14.09.2017 came to be shifted and posted in Disaster Management Authority as Disaster Management Professionals. Learned counsel for the petitioner would admit that the term of the engagement of the petitioners expired having been one year from the date of their engagement, yet the purpose for which respondents engaged them still exists and that the respondents instead intended to engage fresh candidates in place of the petitioners It is further stated by the counsel for the petitioner that besides the instant petition, the petitioners also preferred a writ petition wherein the petitioners called in question the issuance of advertisement notice by the respondents for filling up various posts, including Disaster Management Professionals in the Disaster Management Authorities, which writ petition, however, being WP(C) No. 3583/2019, came to be dismissed by this Court on 11.12.2019. However, providing therein that it would be open to the respondents to continue the petitioners in case the respondents so choose till such time, as the process of selection in terms of the notice under challenge dated 23.11.2019 is taken to its logical conclusion and that the petitioners shall be also paid for the period they have actually worked. 4. On the contrary, the counsel for the respondents would reiterate the plea raised in the reply affidavit filed to the petition and while opposing the submissions of the counsel for the petitioner would insist that since the petitioners agreed to the term of their engagement pursuant to their engagement orders, the petitioners cannot, as such, turn around and seek continuation thereof. 5. Since it is not being disputed by the petitioner that their term of engagement was for a fixed period of one year, the petitioners thus cannot lodge any claim for their continuation against the positions they were engaged, moreover, in view of the directions of a Coordinate Bench expressed in WP(C) No. 3583/2019 filed by the petitioners having turned down the claim of the petitioners in this regard and allowed the respondents herein to proceed ahead with the process of selection against the positions Junaid Ayoub I attest to the accuracy and authenticity of this document notified in the advertisement notice dated 30.11.2019, in the Disaster Management Organizations. 6. Resultantly, the petition fails and is dismissed. The dismissal of the petitioner however may not stand in the way of the respondents in considering the reengagement of the petitioners in accordance with law, in case the respondents intend to require the services of the petitioners. 7. Disposed of. (JAVED IQBAL WANI) JUDGE SRINAGAR 24.02.2025 Junaid Junaid Ayoub I attest to the accuracy and authenticity of this document