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1998 Supreme(SC) 49

D.P.WADHWA, S.SAGHIR AHMAD
Ashok Kumar Uppal – Appellant
Versus
State Of J & K – Respondent


JUDGMENT

S. Saghir Ahmad, J.-The appellants as also respondents 2 to 7 were permanent Junior Scale Stenographers in the Secretariat and other Government Departments. For promotion to the post of Senior Scale Stenographer, they were required to possess a speed of 80 words per minute in shorthand and 40 words per minute in typewriting. They could not attain that standard, but the spate of litigation filed by them against each other in quick succession, did really match their speed, whatever it be, in shorthand and typewriting. Without showing signs of fatigue and breathlessness, they started the litigation in 1984 and now in 1998 they seem to be, today, at the end of the litigative race.

2. Promotion from Junior Scale Stenographers to the Senior Scale Stenographers are made in terms of the Rules known as " J & K Secretariat (Subordinate) Service Recruitment Rules, 1972" made by the State Government in exercise of its power under the Proviso to Section 124 of the Constitution of Jammu & Kashmir. Rule 5(1)(B) thereof, relating to the method of appointment/recruitment to the post of Senior Scale Stenographers, originally provided as under :

"Senior Scale Stenographers (340-700) :























































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