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2023 Supreme(J&K) 292

RAJNESH OSWAL
Om Raj Katoch – Appellant
Versus
State Forest Corporation, Jammu through its Managing Director – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Abhinav Sharma, Sr. Advocate with Mr. Abhirash Sharma, Advocate
For the Respondent: Mr. Amit Gupta, AAG

JUDGMENT :

1. The petitioner was engaged as a Daily Wager in the State Forest Corporation in the year 1975 and continued to work as Daily Wager till January 1978. In the year 1978, the petitioner was appointed as Lumber Guard and the nomenclature of Lumber Guard was later changed to Field Assistant. In the year, 1983, appointments and promotions were made in bulk by the official respondent and even some Daily Wagers were directly promoted as Assistant Supervisors. The petitioner was promoted to the post of Assistant Supervisor vide order dated 15.06.1983 and on 04.12.1993, he was promoted along with other employees to the post of Supervisor-1 in the grade of Rs. 1350-50-1500-EB-75-2400 but the promotion of the petitioner was not given retrospective effect i.e. from the year, 1983. It is stated that the date of 1st appointment of the petitioner is 04.02.1978, whereas the date of first appointment of private respondent Nos. 2 & 3 is 08.08.1981 and 24.06.1981 respectively. The petitioner admittedly was senior to the respondent Nos. 2 & 3 but despite that they were promoted ahead of the petitioner.

2. In fact, the respondent No. 2 had represented to the authorities that he was senior to

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