MANOHAR LAL Vs. STATE OF J&K AND ANOTHER

JUDGEMENT

(1.) Petitioner seeks certiorari quashing Order No.CEO/Estt/2013/226 dated 13th of November, 2013 passed by respondent No.1 (Chief Electoral Officer, Jammu and Kashmir, Jammu) as the same has been passed arbitrarily against the judgment dated 20th of March, 2013 rendered in SWP No.440/2013 as well as SRO 166 dated 14th of June, 2005. In addition, petitioner seeks a direction to the respondents to promote him as Election Assistant (Jr. Scale) w.e.f the date, he has qualified the typing test got conducted by the respondent-department with all consequential and monetary benefits.

(2.) Present petition is the second round of litigation filed by the petitioner before this Court.

(3.) The facts, in a nutshell, as detailed in the present petition are that the petitioner joined the respondent-department as orderly on 18th of February, 1999 and while serving the department with permission of higher authorities, he appeared in 10th Class examination and as such passed the same. It is contended that petitioner along with eight more employees participated in the departmental type test for promotion to the post of Election Assistant (Jr. Scale) conducted on 20th of January, 2010 but could not make a grade and other candidates who qualify the said test stood promoted vide order No.CEO/Estt/2010/109 dated 30th of April, 2010. It is contended that respondents again conducted typing test on 21st of December, 2010, which petitioner had qualified but it was his dismay that despite four posts were lying vacant in District Udhampur, he has not been promoted. On inaction at the end of the respondents, he after waiting for more than two years knocked portals of this Court to seek indulgence by filing a petition, bearing SWP No.440/2013 which was disposed of vide order/judgment dated 20th of March, 2013 with a direction to the respondents to consider the petitioner along with all eligible candidates for being appointed by way of promotion on the post of Election Assistant (Jr. Scale) selection as prescribed in Jammu and Kashmir Civil Services (Reference of Vacancies and holding of meetings of Departmental Promotion Committees), Rules, 2005) issued by the Government vide SRO 166 dated 14th of June, 2005. It is averred that despite directions issued by this Court vide judgment dated 20th of March, 2013, respondent-department did not promote the petitioner and he filed a contempt petition bearing COA(SW) No.389/2013 wherein respondents informed this Court by filing statement of facts that case of the petitioner has been rejected vide order dated 13th of November, 201