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DB directs respondents to re-fix seniority of petitioner as Assistant professor Surgical Oncology 2/1/2021 11:17:21 PM Early Times Report JAMMU, Feb 1: In a LPA filed by Dr. Shiekh Zahoor Ahmad and others against order and judgment dated 5-10-2016 passed by a single judge whereby the writ petition of respondent number four has been allowed and communication bearing No. Policy 18701/2013/558-59 dated 24-3-2013 as also the tentative seniority list issued vide Circular dated 20.06.2014, insofar as it relates to the writ petitioner, has been quashed and the respondent number two has been directed to give all service benefits including seniority to the writ petitioner on the post of Assistant Professor, Surgical Oncology with effect from 14-12-2010. The writ petitioner, however, has been denied the monetary benefits from 14-12-2010 till he actually joined the post. The appellant, who was not party respondent before the Writ Court, is before us by the leave of this Court granted vide order dated 27-9-2017. A Division Bench of High Court comprising Justice Sanjeev Kumar and Justice Rajnesh Oswal observed that the writ petitioner by responding to the subsequent advertisement notice has abandoned his right of participation in the selection process initiated in the year 2009 against the reserved post in terms of the judgment passed in SWP No. 1065/2010. The Division Bench observed that we are not inclined to take a view contrary to the view taken by the Writ Court. However, modify the judgment of the Writ Court in the following directions that the communication bearing No. Policy 18701/2013/558-59 dated 24.03.2013 shall stand quashed. DB ordered that the appointment of the writ petitioner with effect from 14-12-2010 till he actually joined the post pursuant to his order of appointment shall be notional and would not entitle him to any monitory benefits and however shall be entitled to all service benefits minus monitory benefits including his consideration for being appointed/promoted on the next higher post by reckoning his seniority from 14-12-2010. The DB upheld the judgment of Writ Court and the appeal was disposed off accordingly.   Share This News with Your Friends on Social Network     Comment on this Story

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