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2007 Supreme(SC) 1546

S.B.SINHA, J.M.PANCHAL
SHEIKH ABDUL RASHID – Appellant
Versus
STATE OF JANDK – Respondent


S. B. SINHA, J.

( 1 ) LEAVE granted.

( 2 ) VEXED question of inter se seniority between the appellants and the private respondents herein is in question in this appeal which arises out of a judgment and Order dated 27. 07. 2005 passed by the High Court of Jammu and Kashmir at Srinagar in LPA No. 164 of 2004 and LPA Nos. 6, 19 and 20 of 2005.

( 3 ) NAMES of the respondents were entered in the List E on 25. 04. 1978. They were promoted on officiating basis on 19. 05. 1979.

( 4 ) THE Government of Jammu and Kashmir, however, on or about 01. 08. 1985 issued a notification directing their promotion with retrospective effect ignoring the seniority of the appellants herein inter alia stating:

" (a) The above mentioned petitioners as well as non-petitioners, who were brought on promotion list 'e' vide PHQ order No. 282 of 1978 and 283 of 1978 dated 25. 04. 1978, barring these who face any moral stigma notwithstanding the fact that they were brought on promotion list 'e' and have not so far been promoted as SIs, shall be deemed to have been promoted as SIs for the purpose of their seniority only, w. e. f. the date they were brought on list 'e', i. e. , 25. 04. 1978. (b) The ASIs who wer

























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