SURINDER KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) Heard Mr. K. S. Charak, learned Counsel appearing for the applicant.

(2.) By means of this Review application, the review applicant has sought for review of the judgment dated March 12, 2010, passed in LPASW No. 376/2001.

(3.) Seeking review of the judgment, learned Counsel for the applicant has submitted that the issue involved herein pertains to the promotion of Respondent Nos. 3 and 4 by selection to the post of Sanitation Officers, being gazetted post, from the non-gazetted post of Sanitary Inspector, on the basis of seniority. Promotion of those Respondent Nos. 3 and 4 was assailed before the Writ Court contending that in promoting those Respondents who were being simple matriculates, the Petitioner, being the Science graduate, was ignored and such promotion of Respondent Nos. 3 & 4 ought to have been made on merit basis taking into account the qualification prescribed for the direct recruitment to the said post. It is further submitted that the promotion of those Respondents on the basis of seniority amounts to violation of Rules, as they were not being eligible for such promotion due to lack of educational qualification. Besides, it is also pleaded that the entire selection ought to have been made on the basis of merit as required under Sub-rule 2 of Rule 25 of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, (for short 'the Rules').