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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Kasturi Lal – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
01. The petitioner has challenged the final seniority list of the Secretaries issued by respondent No. 2 to the extent of placement of respondents No. 3 to 5 with a prayer for re-fixing of seniority. Challenge has also been thrown to promotion/confirmation of respondents No. 3 to 5 as Executive Officers; with a further direction to the official respondents to consider the petitioner for promotion/confirmation to the post of Executive Officer with effect from the date respondents No. 3 to 5 were accorded promotion in terms of Government Order No. 21-HUD of 2015 dated 23.01.2015 and to grant grade attached to the post of Executive Officer to the petitioner w.e.f., 14.01.2010.
02. According to the petitioner, he came to be appointed as an Electrician in Municipal Council, Rajouri on 21.11.1979 and he was promoted to the post of Store Keeper on 25.03.1986. Thereafter, the petitioner was promoted to the post of Senior Assistant on 15.01.1987 and to the post of Secretary/Head Assistant on 15.01.1997. It is being claimed that the petitioner was given the charge of Executive Officer w.e.f., 14.01.2010. It has been further stated that vide Government Order No. 215-H
Point of Law : 10. Court should not embark upon on and enquiry into the merits of the case and that writ petition should be dismissed on the ground of laches alone.
Promotions without finalized seniority lists violate service rules.
General category candidates senior in feeder cadre regain inter se seniority over earlier promoted reserved category roster-point promotees in higher cadre via catch-up rule, absent rules for consequ....
Tentative seniority lists do not confer rights; unchallenged promotions of a respondent negate claims for parity in pay scales.
Promotions on seniority-cum-merit basis require using final seniority list of feeder cadre from immediately preceding year; initial joining date irrelevant; non-speaking orders invalid; settled lists....
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