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2009 Supreme(SC) 537

ARIJIT PASAYAT, P.SATHASIVAM, AFTAB ALAM
State of Jammu & Kashmir – Appellant
Versus
Javed Iqbal Balwan – Respondent


Advocates appeared:
Altaf H. Naiyak, AG, Dr. Rajeev Dhawan, Sr. Adv., Anis Subrawardy, Ms. Shamama Anis, Ashwani Garg, Mehandi Imam, Lakshmi Raman Singh, Ms. Neelam Singh, Ms. Udita Singh, Vivek Singh, Chandra prakash, Ashok Mathur, H.L. Tiku, Ms. Yashmeet, Ashok K. Mahajan, V.K. Sidharthan, Advocates.

JUDGMENT

Aftab Alam, J.—

1. Leave granted.

2. This appeal arises from a dispute of seniority in the cadre of Tahsildars in the J & K Revenue (Gazetted) Service. A dispute of seniority between direct recruits and promotees normally tends to be bitter and thorny. This one is particularly so as it is the product of years of ad-hoc arrangements and it further involved, at least at the stage of the High Court the additional dispute in regard to the date with effect from which the promotee Naib Tahsildars were regularised as Tahsildars. In this appeal, however, on behalf of the State of Jammu and Kashmir we are only concerned with the dispute of seniority between the promotees and the direct recruits in the J & K Revenue (Gazetted) Service. The dispute is now almost a quarter of a century old (the other part, with which we are not concerned in this appeal, of course goes far behind it). During this period of about twenty five years the matter has undergone three rounds of litigations and has seen countless writ petitions and Letters Patent Appeals in the High Court of J & K ending up in appeals, (including the one in hand), before this Court. The first round was in regard to the claim by


































































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