S. B. Sinha, J. - (1.) One Hamiddulah Dar was an Assistant Sub-Inspector of Police. He was granted promotion to the post of Sub-Inspector illegally upon relaxing the prescribed Rules in the year 1987. Seven persons said to be similarly situated asked for similar treatment.
(2.) SWP No.519 of 1987 was filed by one of them, named Abdul Rashid Rather, a Constable. It was allowed by a learned single Judge of the High Court by an order dated 24th September, 1998. A Letters Patent Appeal filed thereagainst was dismissed by a Division Bench of the High Court by its order dated 30th July, 1999. It is stated that a Special Leave Petition filed against the said order was also dismissed by this Court.
(3.) Another writ petition was filed by four persons, namely - Maharaj Krishan Bhatt, Mohammad Amin, Bansilal Bhatt and Mohammad Abbas Najar in the year 1997, which was registered as SWP No.3735 of 1997, praying for their promotion to the post of Sub-Inspector with effect from the date on which Hamiddulah Dar, who was said to be junior to the petitioners, was promoted. A learned single Judge of the High Court allowed the said writ petition by an order dated 30th April, 2001. On an intra court appeal having been preferred, a Division Bench of the said Court by its order dated 11th October, 2002 allowed the same. A Special Leave Petition was filed thereagainst by Maharaj Krishan Bhatt and Bansi Lal Bhatt before this Court. Special leave having granted, the matter was registered as Civil Appeal Nos. 8481-8482 of 2003. A Division Bench of this Court allowed the said appeal by an order dated 1st August, 2008 which has since been reported in (2008) 9 SCC 24.;