HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Reserved on 09.11.2022

Pronounced on:01.02.2023

WP(C) No. 1851/2020

Saif-ud-Din Mir

….Petitioner/Appellant(s)

Through :- Mr. Altaf Haqani, Sr. Advocate with

Ms. Malika, Advocate.

V/s

University of Kashmir & ors.

….Respondent(s)

Through :- Tasaduq. H. Khawaja, Advocate.

Coram:

HON’BLE MR. JUSTICE JAVED IQBAL WANI JUDGE

JUDGMENT

1.

To appreciate the gravamen of the controversy involved in the instant

petition, exposition of facts in brief are detailed out hereunder:



The respondent-University of Kashmir (for short, ‘University’)

wherein the petitioner has been working as Assistant Registrar

advertised

vacant

positions

of

Deputy

Registrars/Deputy

Controllers of Examination vide advertisement notice/s dated

24.10.2003, 18.2.2005 and 25.6.2007 for filing up the same in the

internal quota and the petitioner being eligible thereof applied

and consequently was called for interview scheduled on

13.10.2008 which interview, however was not conducted and

finally the posts not filled up pursuant to the aforesaid

advertisement notice/s.

2 WP(C) No. 1851/2020



The petitioner herein along with one co-employee namely Mohd.

Yasin Malik came to be appointed against the post of Deputy

Registrar/Deputy Controller of Examination against the available

post

(internal

quota)

while

working

as

Assistant

Registrar/Assistant Controller of Examinations in the University in

their own pay and grade for a period of six months in the first

instance subject to the payment of charge allowances as admissible

under rules in terms of order No. F(Promotion-DRs) Adm/KU/07

dated 14.12.2007.



The respondent-University in terms of Order No. F(Promotion-Dy.

Reg) Gen-Adm/KU/09 dated 29.01.2009 accorded sanction to the

temporary promotion of the petitioner against the post of Deputy

Registrar in the pay scale of Rs. 12000-18300 w.e.f. 29.01.2009.



The petitioner prior to the issuance of the order dated 29.01.2009

is stated to have submitted a representation before the respondent-

University along with his above named co-employee for their

regular promotion against the post of Deputy Registrar/Deputy

Controller of Examinations with a regular scale of pay of

Rs. 12000-18300 as also having agitated the issue through

Kashmir University Officers’ Association before the respondent-

University.

A further representation is also stated to have been submitted

by the petitioner in this regard separately before the Controller of

Examinations on 10.1.2009 requesting therein for consideration of

his case for placement in the pay scale of Deputy Registrar/Deputy

Controller of Examination w.e.f., 14.12.2007 on account of his

ensuing superannuation on 31.1.2009.

3 WP(C) No. 1851/2020



The petitioner superannuated on 31.1.2009 and the respondent-

University, however, did not accord consideration to his case for

placement in the grade of Rs. 12000-18300 w.e.f., 14.12.2007 i.e.

when the petitioner came to be appointed against the post of

Deputy Controller of Examinations in his own pay and grade along

with his above named co-employee.



After the superannuation of the petitioner, his above named co-

employee came to also be promoted as Deputy Registrar in terms

of Order dated 27.5.2009, however, the charge allowances drawn

by him while working as acting Deputy Registrar/Deputy

Controller of Examinations in terms of order dated 14.12.2007

were directed to be recovered from the arrears payable to him,

aggrieved whereof, he filed SWP no. 592/2011 before this Court

which came to be disposed of on 16.9.2013 and while allowing the

same, the order under challenge in the petition