JUDGMENT

(Per Sekhri, J)

01. Appellants have invoked Letters Patent of this Court against order dated 02.05.2023, passed by learned Single Judge of this Court [hereinafter referred to as the "writ Court"], in SWP No. 1786/2013, titled "Ghulam Mohammad Sheikh Vs. State of J&K and Ors.", whereby writ petition preferred by the respondent for his promotion in substantive capacity, with all consequential benefits came to be allowed.

02. Before a closer look at the grounds urged in the memo of appeal, it shall be expedient to have an overview of some admitted facts of the case, those are stated thus:

2.1. The respondent along with one Khazir Mohammad Shah came to be engaged as daily wager in the Municipal Committee, Sopore, in the year 1980. Their services came to be regularized by the appellants in the year 1988. While both of them were working as Sweepers, Khazir Mohammad Shah came to be promoted in the year 1994, as Jamadar/Sanitary Supervisor, but the respondent, though similarly situated and regularized along with Khazir Mohammad Shah in the year 1988, was not given the similar treatment.

2.2. The respondent approached this Court by way of SWP No. 1614/1995, which came to be disposed of in terms of Judgment dated 06.08.1999, with a direction to the appellants to consider the claim of respondent for the post of Jamadar/Sanitary Supervisor along with other eligible candidates, if any, from the date Khazir Mohammad Shah was promoted, provided the rules would allow.

2.3 Instead of implementing the said Judgment dated 06.08.1999, passed in SWP No. 1614/1995, the Executive Officer of then Town Area Committee, Sopore, in the year 2000, allowed the respondent to work as Assistant Sanitary Jamadar in his own pay and grade and without any financial benefits. Respondent was directed from time to time to discharge the duties of Sanitary Supervisor in different beats of the Town Area Committee, Sopore, which was evident from various orders produced by the respondent before the writ Court.

2.4 Subsequently, the respondent approached this Court by way of SWP No. 567/2002, for a mandamus to the appellants to release the pay and grade attached to the post of Sanitary Supervisor from the date he had been made to work as such. While the said writ petition was pending consideration of this Court, the then Executive Officer, Municipal Council, Sopore, taking note of the plight of the respondent in its perspective, with the approval of the President of the Municipal Council, Sopore, in terms of order dated 28.04.2005, allowed the respondent to work as Sanitary Supervisor instead of Incharge Sanitary Supervisor with charge allowance. Pertinently, he also recommended case of the respondent for up-gradation of the post held by him, to the level of Sanitary Supervisor, to the Director Urban Local Bodies, Kashmir, Srinagar, for approval.

2.5 In view of the aforesaid order dated 28.04.2005 passed by the Executive Officer, Municipal Council, Sopore, SWP No. 567/2002, came to be disposed of by this Court vide order dated 10.12.2009, with a direction to appellant No. 2—Director, Local Bodies, Kashmir, Srinagar, to consider the case of the respondent and pass appropriate orders strictly in accordance with the Rules/Government orders occupying the field. The Director, came to the conclusion that respondent was not eligible to hold the post of Sanitary Supervisor in view of qualification, prescribed under J&K Urban Local Body Institutions (Management) Service Recruitment Rules, 2008 ["the Rules of 2008", for short].

2.6. The aforesaid order passed by appellant No. 2, constrained the respondent to approach the writ Court and the writ Court in terms of the impugned order on considering the matter at length, while setting aside the order dated 16.02.2013, passed by appellant No. 2, held that respondent shall be deemed to have been appointed and promoted as Sanitary Supervisor in substantive capacity w.e.f. 28.04.2005, i.e., the date