RAKESH KUMAR Vs. STATE

JUDGEMENT

(1.) The question that calls for consideration in the writ petition on hand is whether it is permissible to give retrospective promotion from the dates, the promotional posts were available for promotion but not filled up and left vacant. The dispute as usual is between promotees and direct recruits.

(2.) Petitioners participated in Jammu and Kashmir Combined Competitive Examination in 2002 and came to be selected and thereafter, appointed vide Government Order No.971-GAD of 2004 dated 23rd July, 2004 as Excise and Taxation Officers in Jammu and Kashmir Excise and Taxation (Gazetted) Service. The private respondents (6 to 15) at the time of appointment of petitioners in Jammu and Kashmir Excise and Taxation (Gazetted) Service, were working as Inspectors in the Excise and Taxation Department. They continued to work as such till they vide Government Order No.232-F of 2004 dated 6th December, 2004, were on recommendation of Jammu and Kashmir Public Service Commission/ Departmental Promotion Committee appointed as Excise and Taxation Officers in the pay-scale of Rs.7500-12000 from the dates shown against each of them in the said Government Order. The Government Order No.232-F of 2004 dated 6th December, 2004, in effect, retrospectively promoted respondents 6 to 15 from the dates shown against each of them in the said Government Order. They, therefore, became senior to petitioners, appointed as Excise and Taxation Officers in the grade of Rs. 7500-12000 vide Government Order No. 971-GAD of 2004 dated 23rd July, 2004.

(3.) The State Government vide Government Order No.258-F of 2004 dated 31st December, 2004 assigned respondents 6 to 15, duties of Excise and Taxation Officers.