VIJAY KUMAR Vs. J & K SRTC

JUDGEMENT

(1.) It is averred that the petitioner came to be appointed as a Conductor in the J&K SRTC on 29.9.1979 and thereafter he came to be promoted as Jr. Assistant with effect from 5.11.1985. Mohd. Yaseen-respondent No.4 also came to be appointed as a Conductor on 16.10.1979. Devinder Bhan-respondent No.5, who was junior to petitioner as well as respondent No.4, came to be promoted as Junior Assistant with effect from 28.12.1983. Mohd. Yaseen-respondent No.4 fried SWP No.633/94 in this Court claiming his promotion with effect from the date his juniors came to be promoted, came to be allowed and respondent No.4 was given the effect of promotion as Jr. Assistant with effect from 5.11.1985. Being not satisfied, respondent No.4 filed second writ petition (SWP No.2163/98) claiming that he be given the effect of promotion as Jr. Assistant with effect from the date his juniors came to be promoted, came to be disposed of with a direction to the respondent-Corporation to look into his grievance. The respondent-Corporation passed the rejection order. Mohd. Yaseen-respondent No.4 questioned the same by the medium of SWP No. 1819/99, came to be allowed vide judgment and order dated 20.8.2001. It is apt to reproduce the operative part of the judgment herein:

(2.) Accordingly Mohd. Yaseen-respondent No.4 was given promotion as Jr. Assistant with effect from 28.12.1983 and subsequently promoted as Sr. Assistant with effect from 16.5.1990.

(3.) After noticing the said facts, the petitioner herein has approached this Court by the medium of present writ petition for the same relief. It is contended that he came to know about all these facts when the seniority list of the cadre of Sr. Assistants came to be issued. Precisely the case of petitioner is that respondents 4 & 5 were similarly situated and junior to him in the cadre of Conductors, therefore, he is also entitled to be promoted as Jr. Assistant and, thereafter, Sr. Assistant with effect from the dates respondents 4 & 5 came to be promoted as such. It is also prayed that he be placed in the seniority list in the cadre of Sr. Assistants over and above respondents 4 & 5.