JAI GOPAL Vs. STATE

JUDGEMENT

(1.) The petitioner, through medium of instant writ petition, seeks a direction to the respondents 1 and 2 to re-fix the date of petitioner's promotion as Senior Assistant and to order his promotion as Head Assistant and Section Officer with effect from 20th April, 1998 and 6th January, 2006 respectively. The petitioner further prays for a direction requiring respondents to pay allowances, other dues and arrears in consequence of promotions to be ordered in his favour. The petitioner also seeks quashment of order whereby the respondents 3 and 4 - junior to the petitioner, have been promoted as Head Assistants, Section Officers and Junior Legal Assistants.

(2.) The petitioner claims to have been appointed as Clerk-Cum-Typist in Pay Scale of Rs.200-320 vide Order No.19-LD(A) of 1974 dated 15-04-1974 against the post created vide Government Order No.122-LD(A) of 1974 dated 15.03.1974 and directed to work in the Office of Additional Public Prosecutor, Jammu. It is pleaded that the respondent no.3 was appointed as Junior Assistant in Law Department vide Order No.542-GD of 1981 dated 03-03-1981 and the respondent no.4, working as orderly in the Office of Public Prosecutor, Jammu, was vide Government Order No. l-LD(A) of 1985 dated 01-01-1985 appointed on promotion as Junior Assistant in the Office of Advocate General, Jammu.

(3.) The petitioner's case is that he, though having been appointed as Junior Assistant way back in the year 1974 and admittedly senior to respondents 3 and 4 appointed as Junior Assistants in the years 1981 and 1985, has not been considered for promotion to the next higher post, yet respondents 3 and 4 have been favoured with promotion after promotion. It is averred that respondent no.4 was promoted as Senior Assistant-cum-Typist (Record Keeper) in the pay scale of Rs.900-1830 vide Order No. AG/16 of 1991 dated 18.05.1991 and thereafter as Junior Legal Assistant in the Pay scale of 5000-8000 vide Order No. AG/394 of 2004 dated 22nd June, 2004 and the respondent no.3 was promoted as Senior Assistant in the Pay scale of Rs.900-1830 vide Government Order No.1394-LD(Estt) of 1987 dated 03.12.1987, thereafter to the post of Head Assistant in the grade of Rs.5000-8000 vide Government No. 276-LD(Estt) of 1998 dated 20-04-1998 and as Office Superintendent / Section Officer vide Government Order dated 06.01.2006.