1. The petitioner, appointed as Assistant Controller Drugs vide Government order No. 260-HME of 2003 dated 20th March 2003, appears to have spent most of past seven years in law courts than in discharge of his official duties.

2. The petitioner after his appointment has filed as many as six writ petition registered as SWP No.343/2004, SWP No. 599/2004, SWP No. 1085/2005, SWP No. 1619/2006, SWP No. 02/2007 and SWP No. 1654/2009. The rounds of litigation initiated by the petitioner have triggered counter cases by his opponents-promotee Assistant Controller Drugs /Assistant Drug Analysts. Ms. Irfana Ahamad/Assistant Controller Drugs filed two writ petitions registered as SWP 821/2005 and 549/2005, Sh. Mushtaq Ahmad Khateeb a colleague of the petitioner filed SWP No. 382/2004.

3. The writ petition, bearing SWP No. 343/2004 was dismissed vide order dated 6.7.2004 and petitioner held not entitled to continue as Deputy Controller Drugs Kashmir, even as a stopgap arrangement. The writ petitions 599/2004 and 1085/2005 came to be decided vide order dated 2nd June 2006 along with other two petitions filed by one of the promotee Assistant Drug Controller/ Assistant Drug analyst. The petitioner was held to have been validly appointed as Assistant Controller Drugs vide order dated 20.3.2003, though the petitioner, in the recommendations forwarded by Public Service commission vide letter No. PSC/DR/3/ Assistant Drug/2Y dated 31.10.2002, was placed in the waiting list. The respondents were directed to consider the case of other Assistant Controller Drugs promoted on adhoc basis subject to clearance of the Departmental Promotion Committee and on completion of the process prepare a seniority list, placing the promotee Assistant Controller Drugs and direct recruits at their respective places in accordance with rules.

4. The controversy between the of the direct recruits (present petitioner) and promotees (respondents) as regards their respective place(s) in the seniority list and entitlement to future promotions nonetheless, refuses to die down.

5. The petitioner aggrieved that he has not been given due place and position in seniority list of Assistant Controller Drugs/Assistant Drug Analysts and denied subsequent promotions has filed three more writ petitions registered as SWP NOs. 1619/2006, 02/2007, and 1654/2009 which are being taken up for final disposal with consensus of the counsel for the parties.

6. The petitions are admitted to hearing Learned counsel for the respondents waive post admission notice and at their request reply in each of the three petitions is treated as Counter. The petitioner does not intend to file any rejoinder.

7. Before going to the grievance voiced in writ petitions awaiting disposal, it would be appropriate to summarize the admitted facts:-

The petitioner and respondents S/Sh. Ashok Gupta, Satish Gupta and Mtr. Irfana Ahmad joined--Health and Medical Education Department as Drug Inspectors on 04.08.1989, 29.01.1977, 08.12.1983 and 04.08.1989 respectively and thereafter were promoted in the grade of Senior Drug Inspectors/Instrument Technicians on 10.11.1994, 29.11.1989 and 10.11.1994.

8. The State Public Service Commission (respondent No. 2, herein) at the request of the Competent Authority vide notifications No. 22 of PSC of 2000 dated 24th October 2000, advertised one post of Assistant Controller Drugs /Assistant Drug Analyst. The petitioner and his colleague Mrs. Lotika Khajuria, Senior Drug Inspectors, responded to the advertisement notice. Needless to mention that the rule 8 of Jammu and Kashmir Drugs and Food Control (Gazetted Service) Recruitment Rules 1997 (hereinafter referred to as Recruitment Rules of 1997) entitled even in-service candidates to opt for direct recruitment route notwithstanding, having a chance to get promoted as Assistant Controller Drugs /Assistant Drug Analyst on their own turn. In the meantime to meet administrative exigency the petitioner and respondents in the aforementioned writ petition

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