Ghulam Jeelani Shah & Ors vs State Of J&K on 30 December, 2013
26. To summarize, the law as it stands settled is that: (i) an
officiating promotion cannot be made without the consultation of the
Public Service Commission for a period of more than 6 months [vide
Mohd Amin Pandit v State of J&K (supra)]; (ii) when charge
arrangement is made, it has to be for a short duration not exceeding
six months and such an arrangement does not confer any right
whatsoever on the officer holding the post on charge basis except
entitling him to the charge allowance [vide order dated 01.08.2013
passed in LPA no. 142/2013, titled Fida Mohammad Farooqi v State
of J&K (supra)]; (iii) In terms of Rules of 1956, the inter se seniority of
the members of class of service is to be determined only when they
are appointed by promotion to the posts in accordance with rules
and only when they become permanent members of the class of
service [vide judgment dated 26.12.2012 passed in LPA nos.