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2023 Supreme(J&K) 454

WASIM SADIQ NARGAL
Sarwa Begum and Ors. (LRs of Late Shabir Ahmad Dar) – Appellant
Versus
State of J. &K. – Respondent


Advocates Appeared:
For the Petitioners: Mr. S.A. Makroo.
For the Respondents: Mr. Syed Musaib, Dy. AG

JUDGMENT :

1. By virtue of this judgment, the present petition which was pending for about 12 years has been taken up for final disposal.

2. Petitioner has invoked Writ jurisdiction of this Court, under Article 226 of the Constitution of India, read with Section 103 of the Constitution of erstwhile State of J&K, for issuance of appropriate writ for fixation of his seniority, proper placement in the final seniority list and consequential release of his retrospective promotional benefits.

3. Be it noted that the petitioner passed away during the pendency of writ petition and legal representatives were already brought on record.

BRIEF FACTS :

4. The case of the petitioner is that on the basis of the qualifications possessed by him, he came to be engaged as Sanitary Inspector in the grade of Rs.1200-2040 (Rs.4000-6000 pre-revised) and after being appointed as Sanitary Inspector, his appointment was confirmed by respondent no. 2 in terms of communication dated 20.11.1996. Since then, he has been performing his duties uninterruptedly and without any hindrance. It is averred that the posts of Sanitary Inspectors consist of two categories, i.e. Diploma holder Sanitary Inspectors and Non-Dip

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