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1998 Supreme(J&K) 39

A.M.MIR
Balir Singh – Appellant
Versus
State Road Transport Corporation, J&K – Respondent


Advocates Appeared:
Advocate For Appellant: O.P. Thakur
Advocate For Respondent: S.S. Nanda

1. This petition calls in question various orders of promotion passed by respondents at various stages. The first promotion order was passed on 18.10.1980. Subsequent promotion orders were passed on 18.12.1983, 12.6.1984, 5.11.85, 21.1.1986 and 9.4.1986. In all these orders some of the respondents 5 to 80 were working as conductors and all of them were Junior to the petitioner. Petitioner right from 18.10.80 was dropped. He went on making representations but the same yielded no result. Thus he filed the present petition on 22.08.1990 before this Court wherein orders of promotion passed, in so far as the same related to promotions of petitioners juniors, were challenged. The main ground of challenge was that the actions of the respondents were discriminatory and viotative of Art. 14 of the Indian Constitution.

2. Detailed counter has been filed wherein two fold defence has been taken:

1. that the petition is barred by laches;

2. that the petitioner having been visited with two punishments of fine on 24.07.70 and 08.10.1983 could not be considered as he was not eligible for promotion.

3. I want to place on record that according to the respondents version in the counter affidavit, the pun





















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