STATE OF J. & K. Vs. RAKESH WARIKOO

JUDGEMENT

(1.) The controversy in this case falls in a narrow compass. The writ petitioner-respondent No. 1 undertook an uphill task by filing various petitions seeking relief of participation in viva voce test before the Jammu and Kashmir State Subordinate Services Recruitment Board for appointment to the post of Junior Engineer (Electrical) Grade-II in the Power Development Department of the State Government. Eventually he filed S.W.P. No. 1365/2002 seeking the relief that he was entitled to appointment on the post of Junior Engineer (Electrical) Grade-II w.e.f. the date other candidates competing with him and had secured marks lower than him were appointed i.e. 30.03.1993. It is appropriate to mention that the writ petitioner-respondent has secured 65.32 marks whereas the last candidate appointed on 30.03.1993 had secured 64 marks. The matter traveled via Letters Patent Bench to the Supreme Court when the appeal filed by the State Government was dismissed on 04.12.2006 by passing the following order:-

(2.) There cannot be any quarrel with the proposition that the claim of the writ petitioner-respondent for further promotion has to be considered by keeping in view the promotions given to his juniors particularly when the appellants themselves have granted him seniority from 30.03.1993. Therefore, it is evident that the writ petitioner-respondent's right to be considered for promotion cannot be denied. Accordingly, a direction is issued to the appellants to consider the case of the writ petitioner-respondent for promotion to the post of Junior Engineer Grade-I, Assistant Engineer and Assistant Executive Engineer with effect from the dates persons junior to him were considered and promoted. With regard to monetary benefits the writ petitioner-respondent has to be given benefit of fixation of salary from 30.03.1993. However, the arrears are confined to three years two months from the date preceding the date of filing of S.W.P. No. 1365/2002 i.e. 24.04.2002. The needful shall be done by the appellant within a period of four months. The appeal along with connected application(s) stand disposed of in the above terms.