1. Petitioner while working as Junior Stenographer is claiming further promotion against the available post of Senior Stenographer on the strength of being only eligible officer. The respondents have admittedly placed her case before Departmental Promotion Committee (DPC), but on misconceptions, the DPC asked the Director-respondent No. 2 to seek regularization of her service against the post of Junior Stenographer made in terms of order No.27-DHPM of 94 dated 07.02.1994. Petitioner is aggrieved of such action, therefore, the instant petition.

2. Brief facts of the case are that in response to the advertisement notice made by Service Selection Board against the post of Telex Operator (State Cadre), petitioner having applied and on competing the process of selection was selected in terms of notification No. SSB/S.S/129/93/376-791 dated 22.08.1993. On receipt of the recommendations with reference to selection of petitioner as Telex Operator, the respondent No. 2 in terms of communication No.DHPM/101/164/93/4002 dated 24.11.1993 submits the case of the petitioner to respondent No. 1 for seeking orders with reference to making appointment of petitioner against the available post of Junior Stenographer as the post of Telex Operator which was under reference for selection to the Service Selection Board was already occupied by one Abdul Rashid Bhat on promotion from the post of Senior Assistant on the recommendations of DPC and with reference to the interim order passed by this Court on 29.09.1993 in the writ petition of Abdul Rashid Bhat bearing SWP No. 2198/1993. Needless to mention that the respondents had on receipt of the recommendations from Service Selection Board in favour of the petitioner with reference to filling up the post of Telex Operator realized that the post was required to be filled up by direct recruitment, therefore, there was no scope for Abdul Rashid Bhat, Senior Assistant against the post, as such, in order to compensate the petitioner and to continue with the arrangements of Abdul Rashid Bhat against Telex Operator suggested for appointing the petitioner against the post of Junior Stenographer qua having same qualification, grade and nature of duty.

3. The respondent No. 1 in terms of communication dated 29.12.1993 accorded approval to the appointment of the petitioner as Junior Stenographer against the available post with only one condition that the petitioner shall furnish an undertaking to the effect that the status between the two i.e. petitioner and Abdul Rashid Bhat shall be subject to outcome of writ petition. Petitioner has submitted the affidavit on 31.01.1994. Subsequent to the appointment of the petitioner, Abdul Rashid Bhat who was promoted against the post of Telex Operator has withdrew the writ petition in terms of order passed on 05.09.1997. Admittedly, Abdul Rashid Bhat, Telex Operator was allowed to continue with the status of Telex Operator till he retired from service on attaining the age of superannuation and his case was also processed for release of pensionary benefits against said post which is evident from Pension Payment Order (PPO) issued by the Accountant General, J&K, Srinagar. The document on record also reveals that the respondents maintained the seniority of petitioner in the category of Junior Stenographers notified in terms of notification dated 17.09.1998 and that of Abdul Rashid Bhat in the category of Telex Operators. Petitioner has also been granted the benefit of 2nd in-situ promotion in terms of order dated 25.07.2012 with reference to reckoning her period of entitlement as a Junior Stenographer. Petitioner’s status with reference to Junior Stenographer on the records of the respondents and in the service record of the petitioner also not disputed so far as the documents are concerned by showing her as Junior Stenographer.

4. The process initiated by the respondent-Director seeking regularization of the service of petitioner as Junior Stenographer is not only mi