Decided on March 09,1993

Jia Lal Gupta Respondents


- (1.)THIS appeal under Clause 12 of the Letters patent is directed against the order and judgement dated July 3, 1990 of a learned Single Judge whereby he allowed writ petition No. 419 of 1987 titled Jia Lal Gupta Vs. State of Jammu and Kashmir and others.
(2.)A brief reference of the Skeletal facts is a prefactory necessity.
(3.)JIA Lal Gupta, the respondent herein was appointed as an Assistant Engineer in the Electrical Department of the State Government of on June 25, 1956. A Seniority list was issued by the State Government in the year 1972 in which the ranking of Jia Lal Gupta was not correctly shown. He filed a writ petition. It was allowed and seniority list was quashed and the Government was directed to prepare a fresh seniority list in accordance with law. In pursuance to the Govt. directions a new seniority list was prepared depicting the seniority of the respondents herein correctly. In 1983, the respondent No. 1, herein came to know that efforts were on to change the seniority list to his determent in order to defeat his claim to promotion to the post of Chief Engineer. It may be mentioned that at that time petitioner, (respondent No. 1; herein) had been working as a Superintending Engineering for about 8/9 years. In order to thwart these efforts, the petitioner filed another writ petition on May 19,1983. On a prayer made by the petitioner this court issued directions to the Govt; that in case the promotion to the post of Chief Engineer (ELECTRICAL WING) was to be made, then the same be made on the basis of the final seniority list of year 1979 sanctioned by the Government or the post be left unfilled till further orders.
In complete disregard of directions of the Court, the State Government vide order No. 113 PDD of 1985 dated 18th April, 1985 promoted three juniors of the petitioner as Chief Engineers, ignoring his claim. The petitioner made a number of representations against the illegal orders of the Government. He met the then Deputy Chief Minister of the state who promised that injustice done to him shall be redressed and the petitioner (respondent No. 1) shall be given his due. It is pertinent to mention at this stage that before these orders promoting the petitionerâ„¢s juniors were passed, the Govt. had tried to ease him out by issuing Government order No. 228 -PWD of 1984 dated 20th of October, 1984 deputing him to the National Hydro Electric Power Corporation, New Delhi for being posted as Chief Engineer. This was just a link in the chain for ousting the petitioner and to accommodate the favourities of the power that be. This order somehow did not mature but the three juniors of the petitioner were promoted as Chief Engineers as mentioned earlier. The petitioner was asked to receive an order dated 11th of April, 1986 of the Government compulsorily retiring him from services under Article 226(2) of the Jammu and Kashmir Civil Service Regulations hereinafter referred to as ËœRegulations.â„¢

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