LAWS(J&K)-2020-2-75

SUBASH CHANDER Vs. STATE OF JAMMU AND KASHMIR

Decided On February 25, 2020
SUBASH CHANDER Appellant
V/S
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

(1.) The petitioner, who joined the Department of School Education as Teacher, was subsequently promoted as Master in the same Department vide Order No. DSEJ/ANG/Prom/3316-22 dated 11.08.2003 whereas the private respondent No. 5, namely, Harbans Lal, was also so promoted vide Order No. DSEJ/ANG/Prom/3445 dated 23.08.2003. In that view of the matter, the petitioner was admittedly senior to the private respondent No. 5 and, therefore, being M.Sc in Mathematics had a superior right of promotion to the post of Lecturer in the School Education Department.

(2.) It is the grievance of the petitioner that though he was also promoted as Lecturer in the School Education Department in Mathematics along with private respondent No. 5, in terms of Order No. 236-Edu of 2013 dated 07.03.2013 but his promotion was given effect from 18th July, 2008 and was placed at serial No. 112 of the aforesaid Govt. Order.

(3.) It is further submitted that the private respondent No. 5 was wrongfully placed at serial No. 14 of the said order and was given promotion notionally w.e.f. 08.07.2005 and on regular basis w.e.f. 18.07.2008.