Decided on July 29,2020

Mohammad Jamal Shergujri Appellant
State of J and K and Ors. Respondents


RAJNESH OSWAL, J. - (1.)By virtue of the judgment dated 26.04.2018 the writ petition filed by the Appellant challenging the order No. 319 of 2018 dated 09.01.2018 and the grant of Grade of Meter Reader (Executive cadre), with effect from September 1983 till the date of his superannuation i.e. 31.08.2006, was dismissed by learned Single Judge and later on vide order dated 09.08.2018, the Review Petition against the said judgment too was dismissed by Learned Single Judge. Appellant has thrown challenge by way of the present intra-court appeal to both the judgment and order as mentioned above.
(2.)The brief facts are that the appellant had filed the writ petition on the ground that the appellant was brought on work charge cadre as a Revenue Helper on 01.04.1970 and after having availed the medical leave, rejoined in terms of order dated 23.07.1976. The appellant being a matriculate was brought on the executive cadre of the Department as Meter Reader but he was entitled to be brought on ministerial cadre. The respondents in terms of order No. 163/CEE of 1983 dated 17.06.1983 ordered that the post of Meter Reader would be on the executive cadre instead of ministerial cadre. The appellant was promoted as Meter Reader with effect from 15.03.2005 but he was entitled to be promoted with effect from 1983. He superannuated from the service on 31.08.2006. There was some dispute with regard to the processing of pension case of the appellant that necessitated him to file writ petition bearing SWP No. 988/2007 and the same was disposed of vide order dated 23.05.2008. The respondents after the passing of the order released his post-retiral benefits, without making any deductions there from. The appellant claims to have issued a notice dated 21.10.2008 for redressal of his grievances for grant of arrears of salary in the grade of Meter Reader with effect from the year 1983. The appellant in the year 2013 filed fresh petition bearing SWP No. 2386/2013. The learned Single Judge vide order dated 22.08.2017 disposed of the same with a direction to the respondents to consider afresh the grievances of the appellant in accordance with law, which he would project by filing a fresh representation. The respondents considered the case of the appellant and rejected the same by virtue of order dated 09.01.2018, being time barred.
(3.)The learned Single Judge vide order dated 26.04.2018 dismissed the writ petition filed by the appellant as being hit by the doctrine of delay and laches. The appellant feeling aggrieved of the same filed appeal. This Court vide order dated 05.06.2018 disposed of the said appeal with liberty to the appellant to file review petition, if so advised. The appellant preferred the review petition before the learned Single Judge, which was dismissed by virtue of order dated 09.08.2018.

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