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1970 Supreme(Online)(J&K) 1

JAMMU AND KASHMIR HIGH COURT
Anant Singh, Bhat, JJ
Lal Chand Pargal v. Director NES


1. These writ petitions arise out of various orders passed by the appointing authority against the petitioners regarding their promotion to the next higher post. As these petitions involve substantial questions of law of far - reaching consequences, they have been referred to us for an authoritative pronouncement. Unfortunately, however, no particular question has been framed by the Bench concerned. It has therefore become necessary for us to frame questions involved in the light of the arguments of the parties, the principles involved, and the facts common to all the cases. The questions which we have formulated are as follows: -
(1) The extent, scope and application of R.24, R.25(2) and R.25(3) of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, as also the principles governing promotion of Government servants under these provisions.
(2) Whether or not the appointing authority is required to give reasons for making promotion, and if so, to what extent?
(3) Whether or not the Government servants have a legal right to promotion under the rules so as to make the act of promotion a judicial act requiring an objective consideration?
(4) Whether or no

























































































































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