Back
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SANJEEV KUMAR, SANJAY PARIHAR
Abdul Salam Dar – Appellant
Versus
High Court of J&K – Respondent
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 N
The court emphasized the fundamental right to promotion and directed the consideration of the petitioner's seniority and promotion claims after disciplinary proceedings concluded.
The main legal point established in the judgment is that promotion decisions should be based on merit with due regard to seniority, as per the Orissa High Court (Conditions of Service of Staff) Rules....
Senior employees in identical positions must receive equal evaluation for promotions, especially under reserved categories, without discrimination.
No vested right to promotion exists if the position was downgraded before approval, despite eligibility.
In case of disputes regarding seniority and matters connected with it by reason of any order of Government or any order of an authority subordinate to Government, representations for reconsideration ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
