RAJESH RAINA Vs. STATE OF J&K

JUDGEMENT

(1.) The Letters Patent Appeal bearing No. 130/2019 has been preferred against the judgment and order dtd. 24/11/2017 passed in SWP No. 1251/2003, whereby the writ petition filed by the petitioner/respondent No. 3 herein, namely, Madhu Gupta was allowed by holding that the official respondents had erroneously promoted the appellant herein, ignoring the superior claim of the petitioner/private respondent No. 3. A direction has also been given by the writ Court to consider the case of the petitioner-Madhu Gupta for promotion to the post of Assistant Bacteriologist from the date the appellant (respondent No. 3 in the writ petition) was promoted i.e. 25/4/2003, along with all consequential benefits.

(2.) The writ petition bearing SWP No. 830/2004 has been preferred by the petitioner/appellant herein, challenging the order dtd. 27/4/2004, whereby his promotion to the post of Assistant Bacteriologist has been rescinded.

(3.) Briefly stated, the material facts are as under:-