KAISAR AHMED Vs. STATE OF J&K

JUDGEMENT

(1.) THE controversy involved in the writ petition is with regard to seniority between Dr. Kaisar Ahmed, writ petitioner, and Dr. Javaid Ahmed Chowdhry, respondent No. 3 in the cadre of Assistant Professor.

(2.) IN brief the facts are that on the recommendation made by Jammu & Kashmir Public Service Commission, the petitioner and respondent No. 3 were appointed as Lecturers in the month of January 1991. In order of merit, respondent No. 3 was placed above the petitioner and this position is not disputed by the petitioner.

(3.) VIDE Order dated 18.5.1998, respondent No. 3 and the petitioner were promoted to the post of Assistant Professor in Government Medical College, Srinagar. However, this promotion was made subject to confirmation by Departmental Promotion Committee/J&K Public Service Commission. The order of promotion dated 18.5.1998 also contained a condition which is reproduced as under : -