FAROOQ AHMAD BEIGH Vs. STATE OF J&K
LAWS(J&K)-2020-11-55
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 19,2020

Farooq Ahmad Beigh Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

ALI MOHAMMAD MAGREY - (1.)This application is filed on behalf of the applicant/respondent No.14 in the Writ petition seeking modification/vacation of the order of this Court dated 9th of August, 2018 in SWP No.1474/2015, in terms whereof this Court directed as under:
".....In the above background, the order passed on 10.09.2015 in MP No.01/2015 in SWP No.1474/2015, is modified to the extent by providing that the department shall proceed for making promotions against the higher posts after considering the petitioners, however, no further promotion shall be made in favour of the respondents 5 to 17 and the promotion already made in their favour, shall remain subject to outcome of the writ petition."

(2.)Mr Anil Bhan, the learned counsel for the applicant/respondent No.14, submits that the applicant/respondent No.14 is holding the post of Sub Officer in the respondent Department, whereas the grievance of the petitioners in this petition is qua the post of Fireman and Leading Fireman. It is, in this backdrop, submitted that the petitioners have unnecessarily arrayed the applicant/respondent No.14 as a party respondent in the present petition when, as a matter of fact, the applicant/respondent No.14 does not belong to the cadre of the petitioners and no relief has been claimed against the respondent No.14/applicant.
(3.)On the set of facts and the grounds urged, coupled with submissions made at the Bar, the instant application is allowed and, in partial modification of the order of this Court dated 9 th of August, 2018 passed in SWP No. 1474/2015, it is provided that the aforesaid order dated 9 th of August, 2018 shall not come in the way of the respondent Department in the process of promoting the applicant/respondent No.14 to the next higher post, of course, in case he is due for such promotion in terms of the rules governing the field.
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