Hasnain Massodi, J.

1. Letter Patent Appeal on hand is directed against Writ Court judgment dated 4th October 2012 in SWP No. 232/2010 titled Zulfakar Ahmad v. State of J & K and others. Background facts need to be noticed in first place. Shri Zulfakar Ahmad - respondent herein, responded to Advertisement Notice dated 26th June 2006, issued by Director General of Police, J & K State - appellant No. 2 in present appeal, to fill up available posts of Constable Followers in appellant department. He participated in selection process and was selected as Constable, and posted, as such, in 13 Battalion J & K Armed Police. However, he was not allowed to join on ground that he was accused in criminal case titled State v. Zulifkar Ahmad under Section 376 RPC FIR No. 59/1994 P/S Gursai.

2. Respondent, aggrieved with reluctance on part of appellants to allow him to join duty pursuant to appointment order, issued in his favour, filed writ petition, being SWP No. 1621/2007. Writ petition was dismissed as withdrawn vide order dated 3rd June 2009, on the statement that as respondent/writ petitioner had been assured by appellant department that his grievance would be redressed, he did not