Advocates:
['M A QAYOOM', 'M Y BHAT', '', 'SHAKIR HAQANI', 'A HAQANI', 'N A BEIGH', 'SAJAD MOHIUDDIN']

1

SWP no.2830/2015

Page 1 of 36

c/w SWP nos.500/2016;

1018/2014; 567/2016;

39J/2016; & 705/2015

Contempt no.75/2016

HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

…..

SWP no.2830/2015

c/w SWP nos.500/2016;

1018/2014; 567/2016;

39J/2016; & 705/2015

Contempt no.75/2016

Date of Order: 07/03/2018

Devinder Pal Singh

v.

State of J&K and others

Coram:

Hon’ble Mr Justice M. K. Hanjura, Judge

Appearance:

For the Petitioner(s):

Mr M. A. Qayoom, Advocate in SWP nos.2830/2015 &

Contempt. no.75/2016

Mr M.Y. Bhat, Advocate in SWP no.1018/2014

Mr J. H. Reshi, Advocate in SWP no.567/2016

For the Respondent(s): Mr M. A. Qayoom, Advocate in SWP no.1018/2014

Mr M.Y. Bhat, Advocate in SWP no.2830/2015

Mr Altaf Haqani, Advocate in SWP nos.2830/2015 & 1018/2014

Whether approved for reporting?

Yes/No

1. This bunch of the writ petitions belong to the same genre and arise

from the identical gravamens, sum up similar pleadings and

reasoning and exhort similar reliefs. They have been heard together

and are being taken up hereinafter ab seriatim and the controversy

percolating therefrom, having akinness, is put at rest by this common

judgement.

SWP no.1018/2014

2. Petitioner, Shri Atul Sharma, while working as Project Engineer in

the J&K Small Scale Industries Development Corporation Limited

(J&K SICOP), was sent on deputation to J&K Cements Limited

(JKCL), as General Manager, Incharge, Project Works, vide

no.IND/SICOP/Depu/2012 dated 11.04.2012. The Managing

2

SWP no.2830/2015

Page 2 of 36

c/w SWP nos.500/2016;

1018/2014; 567/2016;

39J/2016; & 705/2015

Contempt no.75/2016

Director, JKCL, it is claimed, in acknowledgement of the excellent

services rendered by the petitioner, proposed, vide letter dated

10.01.2013, the release of grade of Rs.15500-39100 with Grade Pay

of Rs.7000/- in favour of the petitioner. After accord of the approval

by the competent authority viz. the Minister for Industries and

Commerce, in the capacity of Chairman of JKCL and J&K SICOP,

the petitioner, by order dated 11.01.2013 (Annexure C to writ

petition) was placed in the pay scale of Rs.15,500-39,2000 with

Grade Pay of Rs.7000/-. The petitioner claims that J&K SICOP

issued a Seniority List, in which he figures at serial no.3, and Shri

Rakesh Sharma figures at serial no.1, who, according to the

petitioner, has been transferred and posted as Managing Director;

and Shri Ishtiaq H. Drabu, figuring at serial no.2, has also been

transferred and posted as Managing Director and in this series, after

Shri Ishtiaq H. Drabu, the petitioner is eligible to occupy the post of

Managing Director. It is stated that the petitioner is aggrieved of the

order, whereby Shri Rajesh Pandoh, who is junior to the petitioner

and figures at serial no.4, has been elevated as General Manager,

Project. The petitioner also states that S/Shri Sushil Kumar,

Parshotam Kumar, D.P.Singh and Wasem Dev, in violation of the

seniority and rules and norms of the Corporation, have been elevated

as General Managers. It is maintained that J&K SICOP is a

corporation, being managed, all along, by its Board duly constituted

under the relevant provisions of the law. The petitioner urges that he

deserves to be promoted as General Manager, which post he is

3

SWP no.2830/2015

Page 3 of 36

c/w SWP nos.500/2016;

1018/2014; 567/2016;

39J/2016; & 705/2015

Contempt no.75/2016

holding for more than two years in JKCL. The petitioner, on the

strength of case set up, seeks the following relief:

a) To direct the respondents to confirm the petitioner as General

Manager and allow him to hold the said post from the date he had

been discharging the duties as General Manager at J&K Cements

Limited, at J&K SICOP also where the petitioner held substantive

lien over the said post. The respondents be also directed to allow

the petit