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1973 Supreme(SC) 59

A. K. MUKHERJEE, A. N. RAY, D. G. PALEKAR, S. M. SIKRI, S. N. DWIVEDI
Mir Ghulam Hussan – Appellant
Versus
Union Of India – Respondent


Judgment

MUKHERJEA, J. :- Twentysix officers belonging to the Senior Scale of the State Civil Service of the State of Jammu & Kashmir have made this petition challenging, in substance, (a) the promotion of respondents Nos. 8 to 32 to the State cadre of the Indian Administrative Service; (b) the promotion of respondent No. 33 to the State cadre of the All India Services; (c) appointment of respondents Nos. 34 to 37 to the State cadre of the Indian Administrative Service in officiating capacity; and (d) the appointment of respondents Nos. 38 to 41 to a special grade of Rs. 900-1800. The material facts are in a short compass and may be briefly stated as follows.

2. Some time in 1965 the State of Jammu & Kashmir reorganised the State Civil Service and framed certain rules to govern that Service. The rules are called Jammu & Kashmir Administrative Service Rules, 1965. Under these rules Jammu & Kashmir Administrative Service was set up consisting of officers classified in three grades: (i) Selection Grade (ii) Senior Scale and (iii) Junior Scale. By a Notification, being SRO No. 189 of 3 June 1965, the State Government published a list of the officers who were selected for the Senior and J











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