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2013 Supreme(J&K) 708

ALI MOHAMMAD MAGREY
Gh. Jeelani Shah – Appellant
Versus
State Of J&K – Respondent


Advocates Appeared:
Altaf Haqani, J.A. Kawoosa, Azhar-ul-Amin, Jahangir Iqbal Ganai, Z.A. Shah, Asif Maqbool.

1. The petitioners in this petition have called in question Government order no. 437-PW(R&B) of 2013 dated 29.11.2013 insofar as thereby private respondents 4 to 8 herein have been placed as Incharge Superintending Engineers in their own pay and grade. The petitioners have also prayed for issuance of Mandamus commanding the respondents to refer all the cases of stop gap promotions from the posts of Assistant Engineers upto the posts of Executive Engineers, including those of the petitioners and respondents, to DPC/PSC for consideration and clearance and issue orders for substantive promotions in accordance with rules holding the field. The petitioners have also prayed for a direction to the respondents to forebear from giving effect to the draft tentative seniority list, annexure P5 to the petition.

2. It may at the outset be observed that the petitioners are grieving of taboo breaking by the official respondents when they themselves have been beneficiaries thereof without raising any demur. Relevant facts as averred in the writ petition are briefly set out hereunder:

3. The Petitioners and respondents 4 to 8 are stated to be General Category Degree Holder Civil Engineers, substantiv











































































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