Pushpati Nath Koul vs State Of J&K; And Ors. on 12 September, 2017

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Jammu & Kashmir High Court - Srinagar Bench

Pushpati Nath Koul vs State Of J&K; And Ors. on 12 September, 2017

Bench: Ramalingam Sudhakar

Serial No. 05

Supply. List

                             HIGH COURT OF JAMMU AND KASHMIR
                                       AT SRINAGAR

         SWP No. 1813/2017, MP No. 01/2017

                                                      Date of order: 12.09.2017

         Pushpati Nath Koul                  Vs.             State of J&K and ors.

         Coram:
                       Hon'ble Mr. Justice Ramalingam Sudhakar, Judge.

         Appearance:

         For the Petitioner(s):   Mr. Aijaz Ahmad Chesti, Advocate
         For the Respondent(s):   Mr. Q. R. Shamus, Dy.AG vice

Mr. M. A. Beigh, AAG

i) Whether approved for reporting in Yes/No Law Journals etc.:

ii) Whether approved for publication in Press: Yes/No

1. Notice. Mr. Q. R. Shamus, learned Dy.AG appearing vice Mr. M. A. Beilgh, AAG accepts notice on behalf of the respondents.

2. Considering the nature of relief sought for, the instant writ petition is admitted and with the consent of learned counsel for the parties taken up for final disposal.

3. The petitioner is working as Divisional Town Planner in the respondent-department. He has made a representation to respondent No. 1 setting out his grievance. The grievance of the SWP No. 1813/2017 Page 1 of 3 petitioner is that his seniority has not been properly fixed and that the department is trying to promote some persons as Joint Commissioner Planning/Senior Town Planner who are junior to the petitioner either working substantively as Incharge, therefore, the valuable rights of the petitioner is affected.

4. Mr. Q. R. Shamus, learned Dy. AG appearing vice Mr. M. A. Beigh, AAG states that a decision in relation to the seniority of the petitioner viz-a-viz other employees will be taken by the competent authority at appropriate stage, and there is no question of respondents trying to grant benefit to one or the other person contrary to the service rules.

5. Be that as it may, the claim of the petitioner for fixing seniority is the issue which has to be decided by the competent authority. The competent authority shall take such decision if there is no legal impediment. It is desirable that at the first instance, the seniority list is finalized by the respondent-

department and thereafter promotion takes places on the basis of such seniority so that all concerned will have the opportunity of knowing the seniority and, if aggrieved, can move appropriate forum for redressal of their grievances, if any.

SWP No. 1813/2017 Page 2 of 3

6. In view of the above, the instant writ petition is disposed of with the direction to the competent authority to finalize the seniority list at the earliest and thereafter take up the promotion aspect if there is no other legal impediment to do so. Let a decision be taken at the earliest.

7. Writ petition disposed of, as above.

(Ramalingam Sudhakar) Judge SRINAGAR 12.09.2017 Bir SWP No. 1813/2017 Page 3 of 3

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Jammu & Kashmir High Court - Srinagar Bench