HIGH COURT OF JAMMU AND KASHMIR
G A Gujri
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(1.) ABOUT to complete 25th year of its sad continuation, this writ petition forms the latest round of litigation that was waged by
petitioner against respondent -State and its functionaries as far as back
in 1982 but did not end despite express court orders in his favour, and
arises now with the following circumstantial backdrop.
(2.) CLAIMING to have been wrongfully denied his appropriate and rightful seniority in the department the petitioner, who has been member
of the Gazetted service of the State Animal Husbandry Department,
instituted SWP no. 111/82 along with some co -petitioners which was
disposed of by this court in September 1998 in following terms: -
"This petition is accordingly disposed of with the direction that respondent authorities would take notice of the observations made above and the requisite consequential relief be granted to the petitioner, Government has already granted such a benefit to a person similarly situate namely Dr. S.S. Dua vide Government Order no. 245 -ASH of 1995 dated 6.12.1995. this can also not be ignored. Government as a model employer has to act consistently. The Government would take notice of above order and grant requisite relief. Let matter be considered and decided within a period of three months. Period of three months would begin from the date copy of order passed by this Court today along with Writ petition and annexures and the Government order referred to above is made available to the Government/Respondents"
(3.) THE judgment was however assailed by respondents before D.B through a time barred LPA which was turned down with total refusal to
condone the delay, in following terms: -
"We are satisfied that delay in filing this appeal is gross. In the absence of sufficient cause being established, delay cannot be condoned. Accordingly, this application is dismissed."
Aggrieved thereby the respondent -State preferred a Special Leave Petition before Honble Apex Court which was dismissed on 14.02.2000, and thus, the order of this court dated 4th Sept. 1998 assumed finality.
The finality of order as such did however not prove to be so final as to impress the respondent -State, who instead of respecting it in
letter and spirit tried to find in roads into essence of the order
between its own lines, and instead of treating the petitioner at par with
one Dr.S.S. Dua in terms of S.B Judgment mentioned herein above, who had
been allowed promotions on notional basis from 11.9.74 to 31.3.76 as
Deputy Director and from 08.07.78 to 04.04.1984 as Joint Director, the
benefit covering a span of 7 years and 2 months, even though, as per
petitioners claim he did not possess even the basic qualifications as per
eligibility criterion prescribed for the entry level posts in Gazetted
services of the department. Instead the petitioner was given the benefit
of notional promotions as Live stock Officer from 05.04.1972, as Project
Officer from 01.05.1982, as Dy. Director from 19.05.1984, and as Joint
Director from 16.09.1992, under Government order No.64 -ASH/2000 dated
09.08.2000; only to be modified by a subsequent order 16 -ASH of 2003 dated 31.01.2003 which even violated the assurance of Government counsel
as given before this court in contempt proceedings on petition no.
68/2001. In both orders however, the grade benefit as Joint Director has been given to petitioner from 1992 while to Dr.S.S Dua aforementioned,
the same has been given w.e.f 1984. Otherwise also in so far as the
question of promotions involved in both the cases are concerned, the
petitioner claims to have been meted out a treatment quite different from
and inferior to that allowed in favour of said S.S. Dua which he has
brought out according to following table: -
"Petitioner Sh. S.S. Dua Significantly Sh.S.S. Dua id not even possess the basic qualification prescribed as a matter of eligibility for the appointment to the entry level post borne on the Cadre of the Animal Husbandry Gazetted Service. Appointment: 11/59 Appointment: 11/59 1. Notionally promoted as L.D.O in the Grade of 540 -950 w.e.f 1972. 1. Promoted as regular as SDO in the grade of 540 -950 with effect from 1963. 2. Notionally promoted as project Officer with effect from 1982. 2. Promoted as regular as Project Officer with effect from 1969. 3. Notional Promotion as Deputy Director, Animal Husbandry with effect from 1984. 3. Promoted as regular Deputy Director, Sheep with effect from 1974.(Notional period from 1974 to 1976) 4. Notionally promoted as Joint Director with effect from 1992 till date of retirement e.g 6/93. 4. Promoted as Joint Director, Sheep with effect from 1978 (Notional period from 1978 to 1984). 5. Regular from 1984 to 3/96 upto date of his retirement." and sought quashment of the aforesaid orders as being violative of the court direction, and petitioners rights to treatment at par with aforesaid Dr. S.S.Dua thereunder. ;
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