Jammu & Kashmir High Court
Omkar Raina vs The High Court Of J&K And Another on 20 November, 2020
Author: Sanjay Dhar
Bench: Rajesh Bindal, Sanjay Dhar
S.No.201
After Notice
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
(THROUGH VIRTUAL MODE)
SWP No.76/2006
CM 76/2006
Omkar Raina ........Petitioner(s)
Through :- None
V/s
The High Court of J&K and another .......Respondent(s)
Through : None
Coram: HON'BLE MR. JUSTICE RAJESH BINDAL, JUDGE
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
SANJAY DHAR, J.
1. Through the medium of instant petition, the petitioner has sought a Writ of Certiorari for quashing Order No. 545 dated 05.12.2005 passed by respondent No.1 whereby it has accorded promotion to respondent No.2 to the post of Reader for a period of two months. A further direction to appoint the petitioner to the post of Reader from the date on which the respondent No.2 was appointed, has also been sought.
2. It is the case of the petitioner that in the cadre of Junior Assistants and Senior Assistants, he was ranking senior to the respondent No.2, as such at the time of his promotion to the post of Reader, he should have ranked higher in seniority to the respondent No.2. The petitioner has placed on record a copy of the seniority list to support his contention.
3. A perusal of the impugned order shows that the promotion accorded to respondent No.2 was temporary in nature and it was for a limited period of two 2 SWP 76/2006 months. It is nowhere pleaded in the writ petition that the impugned order has either been extended or the same has been confirmed by the respondent No.1. 4 Be that as it may, this Court had, vide judgment dt.02.07.2018 passed in another writ petition of the petitioner bearing SWP No. 1029 of 2015 titled Omkar Raina vs High Court of Jammu and Kashmir and another, inter- alia directed that the seniority list in the cadre of Bench Secretaries/Readers be reframed and it was further directed that the case of Omkar Raina, the petitioner herein, for retrospective promotion from 24.11.2018 be considered on its own merits and appropriate decision be taken within a period of three months.
5 On the basis of the aforesaid judgment passed by this Court in the aforesaid writ petition, the High Court, the respondent No.1 herein, while demoting Ms. Saima Maqbool, private respondent in the aforesaid writ petition, reframed the seniority list of Readers and the representation of the petitioner herein for grant of promotion as Reader from retrospective effect, was declined. 6 The dispute with regard to the seniority of Readers, particularly with reference to the claim of the petitioner appears to have been settled and there appears to be no ground to once again go into the same in the present writ petition. The writ petition, therefore, appears to be without any merit. 7 Today no one appeared on behalf of the petitioner despite the case having been called out number of times. It seems that the petitioner has lost interest in prosecuting the writ petition. The same along with connected application is, accordingly, dismissed for non-prosecution.
(Sanjay Dhar) (Rajesh Bindal)
Judge Judge
Jammu
20. 11.2020
Sanjeev
Whether order is speaking: Yes
SANJEEV KUMAR UPPAL
2020.11.26 12:00 Whether order is reportable:Yes/No
I attest to the accuracy and
integrity of this document