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2021 Supreme(J&K) 151

ALI MOHAMMAD MAGREY, TASHI RABSTAN
Latif Hussain Khan – Appellant
Versus
State of J&K – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. Rohit Kapoor, Senior Advocate with Mr. Ankit, Advocate
For the Respondent(s) Nos.1 and 3: Mr. B.A. Dar, Sr. AAG
For the Respondent(s) No.2:Ms. Masooda Jan, Advocate

Judgment

Ali Mohammad Magrey, J.—By medium of the instant petition, the petitioners have craved the indulgence of this Court in granting them the following relief(s):

“(i) Accord consideration for promotion to the post of Senior Assistant retrospectively to the petitioners with all the financial benefits attached to higher post; and

(ii) Fix and grant pay scale, by appropriate amendment in Jammu and Kashmir High Court Staff (Appointment and Conditions of Service) Rules 2002, similar to that of Delhi and Punjab High Courts with retrospective effect from the date of their respective appointments as Restorers in High Court of Jammu and Kashmir.

And

Any other writ, order or direction that may be, appropriate in the facts of the case may also be issued in favour of the petitioner. Petitioner may also be awarded costs of this petition.”

2. The precise case of the petitioners is that they are working as Restorers in the High Court of Jammu and Kashmir (hereinafter referred to as “the High Court”) and that they have remained stagnated on the said posts as there are no promotional avenues available for them in terms of the rules governing the field. It is stated that apart from the above, t

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