JUDGMENT :

1. The present Letters Patent Appeal is directed against the judgment dated 10.07.2015 passed by the learned Single Judge in SWP No. 1951/2009, Javaid Ahmad Ganai v. State of J&K & Ors., whereby the writ petition of Respondent No. 1 was allowed to the extent of declaring that he shall be deemed to have been appointed as storekeeper w.e.f. 13.09.2000, though without consequential monetary benefits.

2. The relevant facts for consideration in the present appeal are that the petitioner/respondent No. 1 herein was appointed by the Deputy Commissioner, Anantnag, as a storekeeper in the pay scale of Rs. 3050– 4910 on compassionate grounds under SRO-43, vide Order No. 149- CA/Misc/2000 dated 13.09.2000. However, he was not permitted to join against the said post on the ground that the post of Store-Keeper is a promotional post. The respondent No. 1 at the instance of Deputy Commissioner, Anantnag was allowed to join against a Class-IV post in the pay scale of Rs. 2550–3200, and his case was recommended for consideration under the relevant rules.

3. The petitioner constrained by the fact that he was not allowed to join on the post on which he was appointed, approached this Court by filing writ petition SWP No. 405/2006 and the said writ petition was considered and decided by this Court vide judgment dated 11^th October, 2007 by holding as under:

“Accordingly and in given circumstances of the case as catalogued above the petition is disposed of by referring the whole issue to Commissioner/Secretary, General Administration Department who may enter upon the matter and pass appropriate orders on petitioner's claim of being entitled to join against the post to which he appears to have been appointed in view of the above quoted communications under rules governing the subject. The consideration and the consequential order as such be passed within s period of six weeks from now with intimation to petitioner who shall be liberty co reagitate the matter if cause survives.

4. The matter was subsequently, forwarded to the Administrative Department and later to the General Administration Department (GAD), which rejected the petitioner’s claim vide Government Order No. 589- GAD of 2008 dated 25.04.2008 by holding as under:

“Whereas, appointments made by the Deputy Commissioner, Anantnag are bad in law and therefore cannot become precedence or similar treatment on the ending they were similarly placed, If a wrong has been committed, that cannot justify commission of another wrong.

Now, therefore, keeping in view the above facts and the rules regulating the appointment under SRO 43 of 1994 and after considering all factors, it is hereby ordered that the appointment of the petitioner against Class IV Post In the pay scale of Rs.2550-3200 shall and shall always be deemed to have been made from the date he is discharging his duties i.e. wef 13.09.2000, Director, Agriculture, Kashmir shall post him against a Class IV post. His claim for higher post is accordingly rejected as no merit has been found in the same.”

5. The said order dated 25.04.2008 was challenged through SWP No. 1951/2009, which was decided by judgment dated 10.07.2015, by setting aside Government Order No. 589-GAD of 2008 dated 25.04.2008 and holding as under:

“….Applying the said judgment to the facts of this case, the petitioner shall be deemed to be employed as Store Storekeeper from 13.09.2005. However, the petitioner having served in Class-IV post, he will not be entitled to the salary of the Storekeeper and for all other purposes he shall be treated as Store Keeper from 13.09.2005. The petitioner shall be allowed to serve as Store Keeper immediately from the date of receipt of the copy of this order by the respondents.”

6. Aggrieved of the judgment dated 10.07.2015, the appellants have preferred this Letters Patent Appeal on the grounds that the learned Single Judge has not afforded an opportunity to the appellants to project their stand and they were not allowed to file reply/objec