BASHIR AHMAD BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THESE two Letters Patent Appeals have been directed against the judgment dated 12.7.1999 delivered by the learned Single Judge in SWP No. 279/1990 titled Mohammad Afzal Mukhdoomi v. State and Others whereby while allowing the writ petition, direction has been issued to re -determine and assign the seniority to the writ petitioner, Mohammad Afzal Mukhdoomi respondent No. 1 herein, vis - -vis respondents 4, Farooq Ahmad Zargar and respondent No. 5 Bashir Ahmad Bhat, appellant herein, for purposes of promotion to the post of Head Assistant and Section Officer ahead of them. A further direction has also been issued that after considering the seniority in the grade of Senior Assistant, the respondent Director Fire Services, will consider Mohammad Afzal Mukhdoomi for promotion to the post of Head Assistant and Section Officer ahead of the respondents, whose promotion to the said posts being de hors the Rules shall be deemed as non est. Aggrieved of this order, the State of J&K and Bashir Ahmad Bhat, respondent No. 4, in the writ petition, have challenged the legality and correctness of the judgment under appeal.

(2.) THE facts necessary for disposal of the appeals are that respondent No. 1, Mohammad Afzal Mukhdoomi writ petitioner, was appointed as Typist by the Chief / Fire Officer vide his order dated: 2611 -14/GB dated: 1.7.1966. He was confirmed as Junior Assistant vide order dated 26.5.1972 by the same Officer. He was promoted as Senior Assistant by the Additional Inspector General of Police amongst others vide order No. 519 of 1977 dated 29.7.1977 in the Fire Services Department (hereinafter called "Fire Service"). By virtue of order No. 523 of 1977 dated 29.7.1977 issued by the Addl.Inspector General of Police he was transferred from Fire Services to the Police Range Kashmir. On the same day i.e.29.7.1977. Chief Fire Officer, Srinagar addressed a letter to the Inspector General of Police that instead of respondent No. 1 Mohammad Afzal Mukhdoomi, Ghulam Mohammad Matoo Senior Assistant may be transferred to Police Range. Respondent No. 1 also made a representation on 25.1.1979 for his repatriation to his parent department being borne on the establishment of Fire Service. His representation appears to have considered and the Inspector General of Police vide his letter No. Estt.D3/79 -14932/PHQ dated: 11.7.1981 conveyed no objection of the Police Department for his transfer to the Fire Service. Vide letter No. Home -Misc./P -case/80/Fire dated: 14.7.1981. Addl. Secretary to Government, Home Department directed the Director Fire Services to issue necessary orders of adjustment of the petitioner in Fire Service Department. Prsuant thereto, the Director Fire Services vide his order No. 44 of 1982 dated 2.3.1982 adjusted him against the post of Steno -Typist.

(3.) DURING this intervening period, Respondent Farooq Ahmad Zargar, Senior Assistant, was transferred from Armed Police Range Office, Srinagar to the Fire Service, Srinagar by the Inspector General of Police vide his order No. 496 of 1978 dated: 28.7.1978. He was further promoted as Head Assistant vide order No. 352 of 1979 dated: 5.6.1979 by the Director Fire Services. The Government vide order No. 531 of 1978 dated: 7.12.1978 sanctioned re -organization scheme for the J&K Fire Services and in consequence thereof creation of some posts in Ministerial Cadre was sanctioned. Respondent, Director Fire Services, adjusted Bashir Ahmad Bhat, Fireman as Senior Assistant one of such posts vide his order No. 193 of 1979 dated: 19.3.1979.