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2021 Supreme(SC) 21

S. A. BOBDE, A. S. BOPANNA, V. RAMASUBRAMANIAN
Ashok Kumar – Appellant
Versus
State of Jammu And Kashmir – Respondent


Advocates Appeared:
For the Appellant :Mr. Rajesh Singh Chauhan, Advocate, Ms. Purnima Bhat, Advocate
For the Respondent:Mr. Gaurav Pachnanda, Sr. Advocate, Ms. Avni Sharma, Advocate, Mr. Sunando Raha, Advocate, Mr. Anupam Raina, Advocate, Ms. Shashi Juneja, Advocate, Mr. Satish Pandey, Advocate, Mr. Rajesh Singh Chauhan, Advocate, Mr. Danish Zubair Khan, Advocate, Mr. D. Mahesh Babu, Advocate

JUDGMENT :

V. RAMASUBRAMANIAN, J.

1. Challenging a common order passed in a batch of Letters Patent Appeals confirming the Judgment of the learned Single Judge, quashing an administrative Order of the Chief Justice prescribing certain qualifications for promotion to the post of Head Assistant along with a power of relaxation, persons who were fully qualified as per the rules at the time of appointment, have come up with the above Civil Appeals.

2. We have heard the learned Counsel for the appellants, the learned Counsel for the High Court of Jammu & Kashmir and the learned Counsel for the contesting respondents.

3. The contesting private respondents were originally appointed as peons (Class-IV) during the period 1989-1995. They were promoted as Junior Assistants in the year 1997 and as Senior Assistants in 1998-1999. Up to this stage of their career, there were no hiccups.

4. In contrast, the appellants in these appeals were directly recruited to the post of Junior Assistants in the year 1998. They were promoted as Senior Assistants on various dates in the years 2001, 2005, 2006 and


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