JUDGMENT :

1. The petitioner detailing the facts and events mapped out in the instant writ petition under Article 226 of the Constitution of India r/w Section 103 of Constitution of State of Jammu and Kashmir seeks the following reliefs;-

(i) Writ of Certiorari, quashing the proceedings initiated by the respondents which resulted into penalty of “censure” dated 31-10-2001 disentitling the petitioner for back dated promotion to the post of DGM (ATC) & order of censure issued on 31-10-2001 conveyed to the petitioner vide communication No. C-18011/01/2000-EA dated 21-01-2009; With

(ii) Writ of mandamus, by issuing direction or order commanding the respondents to grant the benefit of next higher scale of DGM(ATC) w.e.f. 10-10-1999 alongwith consequential benefits including arrears of emoluments and post-retrial benefits, with such other additional or alternative relief as the court deems fit and proper in the facts and circumstances of the case.

2. The precise case as projected by the petitioner in the averments of the writ petition is, that the petitioner is a citizen of India and entitled to the protection of his fundamental, statutory and legal rights; that the petitioner though started his career in the Civil Aviation Department, which later on merged/converted into Airports Authority of India, on account of his seniority position in the Department of Civil Aviation Department he alongwith other employees of Civil Airport Department was transferred to the Airports Authority of India as Aerodrome Officer, where the petitioner was promoted to grade of Aerodrome Officer vide DGCA letter No. 32013/12/83 dated 29-11-1983 where he continued on the post for more than six (6) years without break and got all the benefits of the post, the effect of seniority in the grade of Aerodrome Officer was given to the petitioner w.e.f. 1-7-1986 vide letter No. A410111/289-PP dated 15-9-1989, his services were regularized on the said post w.e.f. 2-10-1989 by the National Airports Authority of India vide No. A-32013/ 1/90-EA-1 dated 26-2-1990.

3. That later on however as on 1-1-1991 a Draft Seniority list of Aerodrome Officers was issued by the Department vide letter No. 2/31/G9-GAD dated 21-3-1991, wherein, petitioner’s position was shown at S. No. 122 while placing emblock Direct Recruits- Aerodrome Officers appointed in March 1986 and Feb 1987 over and above the departmental candidates- Aerodrome Officers.

4. That the aforesaid seniority was challenged in the Hon’ble High Court in SWP No. 532/1992 and the said writ petition came to be disposed of by a consent order dated 26-8-1992 directing the respondents to dispose of the representation of the petitioner in accordance with the rules. The department vide order dated 31-8-1992 disposed of the representation by rejecting the claim of the petitioner. Consequently, the petitioner remained at S. No.122 in the seniority list. The Draft Seniority list of the Aerodrome Officers became final.

5. That aggrieved by the order of the dismissal of the representation of the petitioner on 31-8-1992, petitioner filed a writ petition being SWP No. 835/1992 before this Hon’ble Court, the writ petition was finally disposed of by the Hon’ble Single Judge on 21-4-1995, by quashing the final seniority list, and placing the petitioner over and above the private respondents No.4 to 43 in the writ petition w.e.f. 30-11-1983 alongwith all consequential benefits.

6. That against this order, the Chairman, National Airports Authority of India and Union of India filed Letters Patent Appeal being LPA No. 175/1995. This LPA was dismissed in limini on 7-9-1995 up-holding the judgment of the learned Single Judge. The private respondents in the writ petition did not challenge the order of the Hon’ble Single Judge in LPA No.175/1995, however, the private respondents in the writ petition challenged the judgment of the LPA Bench in LPA No. 1751995 in the Hon’ble Supreme Court in SLP No.579/1995. The judgment of the Hon’ble Division Ben