ABDUL RASHID MASOODI Vs. STATE OF J&K

JUDGEMENT

(1.) The grievances projected by the petitioners in these petitions spring from order No. 579 dated 24.10.2008 and the orders of promotion made in implementation of the said order. The petitioners have challenged the vires of the aforesaid order dated 24.10.2008 and the consequent promotion orders based thereon.

(2.) The pleadings of the lead case, SWP No. 2681/2011, titled Abdul Rashid Masoodi and ors v. State of J&K and ors., are exceedingly exhaustive, containing facts and averments supported by relevant documents, ranging from historical background of the service upto the present day scenario vis-'-vis the service. I think it would be burdensome to give a narrative of the facts pleaded in the petition; therefore, I deem it appropriate to concisely give a summary of the facts and delineate the issues which have been raised in the petition. Before doing so, it needs a mention here that the responses of the official and the private respondents in the petition are short, sketchy, bald and bereft of any rebuttals to the averments so made in the petition, especially, those having vital bearing on the outcome of these petitions. Normally, when the averments are left without rebuttal, the same have to be taken to be admitted. On that count a petition can be allowed, if the case is otherwise made out. However, in the instant case, the reliefs prayed for by the petitioners being hinged on multitude of averments and legal grounds, I feel it imperative and just to deal with each issue one by one on the touchstone of the settled law in context of whatever sketchy response thereto has been from the respondents. Summary of the facts is noted hereunder:

(3.) Appointments to the posts borne on the cadre of the Jammu & Kashmir High Court Staff, historically, were made on the pattern governing the appointments made against identical posts elsewhere under the State Government. The basic minimum educational requirement was Matriculation. Once appointed to the lowest ministerial post of Junior Assistant, an appointee would go up the promotional ladder in normal course.