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| HC comes to rescue of constable | | | Early Times Report
Jammu, Aug 26:Justice Sunil Hali of J&K High Court (Jammu Wing) allowed the petition of one Ramesh Kumar Bhat Constable Cameraman in police department and held that the petitioner was eligible and thereby entitled for in situ promotion from the date his batch-mate were given the said benefit while reckoning his seniority from 1989.
The petitioner was appointed constable (cameraman) in the year 1989; however, his appointment was withheld on account of his verification. The petitioner filed a petition which was dismissed by the writ court thereafter he filed LPA, Division Bench allowed the appeal and directed the respondents to appoint the petitioner to the post of which he had been selected within a period of one month and the seniority of the petitioner was to be reflected with their batch mates. However, no monetary benefit was given. This order gives effect to the appointment of the petitioner with effect from 1989 when his batch-mates were appointed. The petitioner filed present petition seeking in situ promotion but the respondents denied on the ground that he was appointed in 1997 and has not completed 9 years of service.
Justice Sunil Hali after hearing Advocate CM Koul appearing for the petitioner whereas AAG Gagan Basotra appearing for the respondents, observed that there is no dispute that the petitioner was appointed in the year 1997, however, that seniority of the petitioner to be fixed from initial appointment 1989, when his batch-mates were appointed, this in fact was the direction of Division Bench.
The petitioner’s seniority has been fixed with effect from 1989, it cannot be therefore, said that the seniority of the petitioner was to be reckoned from 1997. The only rider imposed by the Division Bench was that the petitioner had not been found entitled to monetary benefits. Court, therefore, holds that the petitioner is eligible and thereby entitled for in-situ promotion from date his batch-mates were given the said benefit while reckoning his seniority from 1989. JNF
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