Decided on September 15,2006

Khurshid Ahmad Bhat Respondents


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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