STATE OF J&K Vs. KHURSHID AHMAD BHAT
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
Khurshid Ahmad Bhat
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MANSOOR AHMAD MIR, J. -
(1.) THIS Letters Patent Appeal is directed against the Judgment dated 2nd of June, 2006, passed by learned Writ Court in SWP No.
361/1993, for short impugned Judgment, whereby and whereunder writ petition of the respondent/writ petitioner came to be allowed.
(2.) IT is necessary to notice the brief facts of the case herein: Writ petitioner -respondent sought relief on the ground that he was
holding a cadre post in the year 1986 in terms of Government order No.
1074 -GD of 1986 dated 24th of December, 1986, thus was entitled to the relief prayed for in terms of Rule 5 of the Jammu & Kashmir
Administrative Service Rules 1979, for short Rules.
(3.) APPELLANTS -writ respondents resisted the claim of the petitioner on the ground that the writ petitioner -respondent belong to
Labour Gazetted Service and was holding post of Assistant Labour
Commissioner carrying pay scale of Rs. 2000 -34000 (pre -revised) in the
year 1986. He was transferred and posted a Assistant Commissioner
Development, Srinagar in his own pay and grade vide Government Order No.
1074 -GD of 1986 dated 24th December, 1986. The respondent -writ petitioner was junior in his parent department at that particular point of time and
was not at all eligible for the said post. He remained posted as such
only till 21st of January, 1987 i.e., for a period less than a month.
That posting was purely fortuitous posting and was transferred
immediately. His induction in Jammu & Kashmir Administrative Services
with effect from 1993 would adversely affect his senior colleagues who
were holding, at the relevant point of time, the post of Assistant Labour
Commissioner in the pay scale of Rs. 2000 -3400 (pre revised). Further,
they have pleaded that in terms of Rules only those officers who were
carrying pay scale of Rs. 2125 -3600 (pre -revised) in different feeding
services were eligible for induction in to the service.
The induction to Kashmir Administrative Service of eligible officers of feeding services was first time and in 1997 and prior to that
induction the cases of eligible candidates were considered by the
Committee constituted by the Government at the relevant point of time for
purpose of initial constitution of the service. The writ petitioner was
not eligible and accordingly was not included in the list.;
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