STATE OF J&K Vs. JIA LAL GUPTA

JUDGEMENT

(1.) THIS appeal under Clause 12 of the Letters patent is directed against the order and judgement dated July 3, 1990 of a learned Single Judge whereby he allowed writ petition No. 419 of 1987 titled Jia Lal Gupta Vs. State of Jammu and Kashmir and others.

(2.) A brief reference of the Skeletal facts is a prefactory necessity.

(3.) JIA Lal Gupta, the respondent herein was appointed as an Assistant Engineer in the Electrical Department of the State Government of on June 25, 1956. A Seniority list was issued by the State Government in the year 1972 in which the ranking of Jia Lal Gupta was not correctly shown. He filed a writ petition. It was allowed and seniority list was quashed and the Government was directed to prepare a fresh seniority list in accordance with law. In pursuance to the Govt. directions a new seniority list was prepared depicting the seniority of the respondents herein correctly. In 1983, the respondent No. 1, herein came to know that efforts were on to change the seniority list to his determent in order to defeat his claim to promotion to the post of Chief Engineer. It may be mentioned that at that time petitioner, (respondent No. 1; herein) had been working as a Superintending Engineering for about 8/9 years. In order to thwart these efforts, the petitioner filed another writ petition on May 19,1983. On a prayer made by the petitioner this court issued directions to the Govt; that in case the promotion to the post of Chief Engineer (ELECTRICAL WING) was to be made, then the same be made on the basis of the final seniority list of year 1979 sanctioned by the Government or the post be left unfilled till further orders.