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| DB quashes promotion of respondent as Bench Secy | | | Early Times Report
Jammu, July 5: In a landmark judgment, Division Bench of State High Court Comprising Justice Dhiraj Singh and Justice Sanjeev Kumar quashed the order dated 27.07.2009, to the extent it promotes Saima Maqbool as Bench Secretary and said that the tentative seniority list in the cadre of Bench Secretaries be accordingly reframed.
DB after hearing Adv Abhinav Sharma appearing for the petitioner Onkar Raina directed that the case of the petitioner for retrospective promotion from 24.11.2008 be considered on its own merits and appropriate decision be taken within three months.
Division Bench after hearing Adv Abhinav Sharma at length observed that it needs to be emphasized that had it been a simple case of making a promotion or granting promotion to Saima Maqbool over and above the petitioner who otherwise claims to be eleven years senior to the said respondent perhaps the issue of delay and laches highlighted by Saima Maqbool would have carried weight, although the petitioner has explained that representations were filed by him. However, in the present case, we cannot ignore the fact that promotion granted to respondent no.2 was in violation of the High Court's own order fixing the eligibility criteria for making the promotions which require the respondent no.2 to first get promoted to the post of Section Officer which respondent no.2 admittedly does not possess. For that reason, the respondent No. 2 can be said to be a usurper of a public office.
Even otherwise, the order impugned was issued in the year 2009 which was beyond the one year validity period envisaged for the operation of the waiting list as per the recommendations of the Committee and approved by the then the Acting Chief Justice of the High Court of Jammu and Kashmir. The vacancies then ought to have been filled up in accordance with High Court order No.579 of 2008.
DB further observed that the respondent no.2 was not eligible to be promoted as Reader inasmuch as by the date of passing of the order impugned, it was necessary for her to first get promoted to the post of Section Officer for being considered eligible for promotion as against 25% promotional quota meant for the cadre of Section Officers.
With these reasons, Division Bench ordered that order dated 27.07.2009, to the extent it promotes respondent no.2 as Bench Secretary is quashed. The tentative seniority list in the cadre of Bench Secretaries be accordingly reframed. The case of the petitioner for retrospective promotion from 24.11.2008 be considered on its own merits and appropriate decision be taken within three months. |
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