JUDGMENT :

Sanjeev Kumar, J.

Background and Reliefs Sought:

1 The petitioner has retired on superannuation as Reader of this Court. While he was in service, he filed the instant petition in the year 2002 seeking, inter alia, the following reliefs:

(i) a direction to respondent No.1 to treat him as having been appointed against the post of Assistant Registrar retrospectively from 09.09.1997 and to re-designate him as Assistant Registrar instead of Reader;

(ii) a direction to respondent No.1 to grant the petitioner promotion in the grade of Rs.8000–12950 (Grade-I) from the date respondents No.2 and 3 were placed in the said grade;

(iii) a direction to respondent No.1 not to regularize the ad hoc promotions of respondents No.2 and 3 in the grade of Rs.8000–12950 (Grade-I) without allowing such grade to the petitioner w.e.f. 27.04.2001 along with the consequential seniority, placing him above respondent No.3.

Factual Matrix:

2 The petitioner, a graduate from the University of Kashmir, was working as Section Officer in the Administrative Wing of this Court along with respondents No.2 and 3, who were not possessing the qualification of graduation. Vide Order No.349 dated 23.08.1997, respondent No.2 was promoted as Assistant Registrar-II in the grade of Rs.7500–12000 (Grade-II) (old 2125–3600), though he did not possess the qualification of graduation. This promotion of respondent No.2 as Assistant Registrar-II was made by respondent No.1 in relaxation of his qualification. The petitioner, who was also a Section Officer working alongside respondent No.2, was subsequently promoted as Reader in the grade of Rs.2125–3600 (old) revised to Rs.7500–12000, vide order dated 09.09.1997. Respondent No.3 was, in the year 1998, also promoted as Assistant Registrar (Grade-II) by respondent No.1 vide Order No.218 dated 03.07.1998.Though the petitioner accepted and joined as Reader, his appointment came to be challenged by Yash Pal Sharma, Onkar Raina, and Joginder Singh by way of SWP No.140/1998 on the ground that the petitioner did not possess the qualification of LLB required for holding the post. The said writ petition was disposed of by a learned Single Judge of this Court vide judgment dated 20.08.2001, holding that the post of Reader carries a degree in the discipline of law as the minimum qualification and directing respondent No.1 to take note of the observations and take necessary remedial measures. This judgment was assailed by the High Court before a Division Bench of this Court in LPA (SW) No.389/2001 titled ‘High Court of J&K v. Yash Pal Sharma and others', which was dismissed vide judgment dated 14.02.2002.

Rival contentions:

3 It seems, and as is claimed by the petitioner, no remedial measures were taken and the petitioner was allowed to continue as Reader till he superannuated. After the decision of the aforesaid appeal, the petitioner filed a representation dated 20.03.2002 before respondent No.1 seeking his re-designation as Assistant Registrar-II from the date he was erroneously promoted as Reader and for further promotion to the post of Deputy Registrar on the analogy of respondents No.2 and 3. When this did not happen, the petitioner filed the instant petition.

4 In the reply affidavit filed on behalf of respondent No.1, it was not disputed that the petitioner was promoted as Section Officer on ad hoc basis along with respondents No.2 and 3 vide Order No.491 dated 29.09.1994 and was placed at Serial No.1 of the said order. With regard to promotion of respondent No.3 in relaxation of qualification, it was contended that under Rule 6 of the J&K High Court Staff (Conditions of Service) Rules, 1968, Hon’ble the Chief Justice was empowered to lay down and relax qualifications for any post. It was submitted that the representations made by the petitioner were considered and rejected and such rejection was conveyed to him vide letters dated 06.03.1998 and 01.01.2001. Another representation was also considered and rejected by order of Hon’ble th