Jammu & Kashmir High Court - Srinagar BenchMohammad Waheed Bhat & Ors vs National Institute Of Technology & Ors on 5 October, 2020Author:Ali Mohammad MagreyBench:Ali Mohammad MagreySerial No. 114\n                                                                   Supplementary-1 List\n\n              HIGH COURT OF JAMMU AND KASHMIR\n                        AT SRINAGAR\n                             (Through Virtual Mode)\n\n                                                         WP(C) No. 1493/2020\n                                                           CM No. 4115/2020\n\nMohammad Waheed Bhat & Ors.\n                                                                ..... Petitioner(s)\n                                Through: -\n                    Mr M. I. Qadri, Senior Advocate with\n                        Mr Naveed Gul, Advocate.\n                                    V/s\nNational Institute of Technology & Ors.\n                                                              ..... Respondent(s)\n                                 Through: -\n                           Mr T. M. Shamsi, ASGI.\n\nCORAM:\n   Hon'ble Mr Justice Ali Mohammad Magrey, Judge.\n                                    ORDER05.10.2020\n\n             The petitioners contend that on the recommendations of the\n\nSelection Committee and upon approval from the competent authority, they\n\nstand engaged as Assistant Professors on contractual basis in various\n\nDepartments of the respondent Institute way back in the year 2013. It is stated\n\nby the petitioners that the said arrangement was, thereafter, continued by the\n\nrespondent Institute from time to time, the last extension being Order No. 149\n\nof 2020 dated 14th of September, 2020. The grievance of the petitioners is that\n\nwhile they are continuing to discharge their duties as such in the respondent\n\nInstitute, the respondents have issued a fresh advertisement notice bearing No.\n\nNIT/ Contractual Faculty/2020/4(F) dated 25th of September, 2020, whereby\n\nthey are contemplating to replace/ substitute the petitioners with another set\n\nof contractual appointees. This action, on the part of the respondents, is\n\nchallenged by the petitioners through the medium of the instant petition on\n\nvaried grounds detailed out in the petition, with particular reference to the fact\n            that the respondents are estopped in law to replace/ substitute one set of\n\n           appointees on contractual basis with another set of contractual appointees.Prima facie, a case for grant of ad interim relief is made out.\n\n                               Notice in the main petition as well as in the connected CM.\n\n                               Mr Tahir Majid Shamsi, learned Assistant Solicitor General of\n\n           India (ASGI), waives notice on behalf of the respondents. He shall file\n\n           objections by the next date of hearing.List on 16th of November, 2020.Meanwhile, the petitioners shall be allowed to continue\n\n           discharging their duties as Assistant Professors on contractual basis in the\n\n           respondent Institute, of course, in tune with the terms and conditions\n\n           prescribed in their initial engagement and they shall be paid the legitimately\n\n           earned wages in respect thereto without any fail.(Ali Mohammad Magrey)\n                                                                             Judge\n           SRINAGAR\n           October 5th, 2020\n           "TAHIR"TAHIR MANZOOR BHAT2020.10.05 14:58I attest to the accuracy andintegrity of this document