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| HC declines to direct respondent for retrospective promotion of petitioner | | |
EARLY TIMES REPORT
JAMMU, July 13: Justice JP Singh of Jammu & Kashmir High Court Jammu Wing In a petition seeking retrospective promotion as Assistant Director, Tourism as his junior was promoted, after hearing counsels from both sides observed the Court does not find any merit in the submission made by the counsel because the specific plea raised on the facts by the respondents in response to the petition M/s L.Thinless and Choudhary Wazir Hussain, who belonged to the same category, to which the petitioner too belonged, were senior to the petitioner and as such entitled to promotion before him, remains uncontroverted and in this view of the matter, it cannot be said that there were no persons senior to the petitioner who were entitled to consideration for promotion as Assistant Director Tourism.
That apart, the omission of the State-respondents to indicate the names of the persons senior to the petitioner in the Scheduled Tribe category in the Tourism Department, in the order impugned in the writ petition, would not, of itself, make it arbitrary, when the facts stated in the order have not been controverted and are rather borne out from the documents placed on the records.
Therefore, the petitioner's plea that there was no other person senior to him in the category of the Scheduled Tribe in the Tourism (Gazetted) service for promotion to the post of Assistant Director Tourism and that he had been denied retrospective promotion erroneously, fails and is, accordingly, rejected. With these observations Court rejected the petitioner's claim for retrospective promotion and dismissed the petition. --(JNF)
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