SAWAN SINGH Vs. SENIOR CIVIL ENGINEER

JUDGEMENT

(1.) THIS appeal is directed against the judgement dated Aug. 9th. 72, of the Late Bakshi Ishwar Singh J dismissing writ petition No 32 of 1927 filed by the appellant praying that respondent No. 1st notice No. 42 E/v/SEN/Con /KJRL dated May 27th,1972, issued on the basis of the authority of respondent no. 2s notice No. 940 -E/13 -XIII Consdated 24th, May 1972, be quashed.

(2.) IT appears that the appellant who was holding a substantive post of Water man in the grade of 70 -85 in the Transportation and Commercial Department in Ferozpur Division was appointed as an officiating Ferro Typer in the grade of 105 -3 -135 in the office of the Senior Civil Engineer C ns. Kathua Jammu Rail Link Project. Jammu, Tawi, against a work charged post Consequent upon the reduction of the establishment and abolition of the post of Ferro Typer the appellant was pursuant to the impugned orders reverted to his substantive post of a Water man in the Transportation and Commercial Department in Ferozpur Division on which he held his lien. Thereupon he approached this court by means of a writ petition lender Section 103 of the Constitution of Jammu and Kashmir. After inviting objections and considering the same the learned Single Judge dismissed the petition as already stated Aggrieved by this order, the appellant has filed the Letters Patent appeal.

(3.) APPEARING on behalf of the appellant Mr. I. D. Grover, has urged that the impugned order cannot be sustained as it amounts to reduction in rank of the appellant and has been passed in contravention of Article 311 of the Constitution of India.