SURINDER MOHAN AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu and Kashmir, petitioners, who are Drug Inspectors in Drug and Food Control Organization of the State, have assailed Government Order No. 39-HME of 2008 dated 11.01.2008 alleging that by the issue of this order, the Drug Inspectors have been denied the promotional avenues. Besides, petitioners have assailed order No. DFO/Estt./01 of 2008 dated 04.04.2008, whereby respondent No. 4 has been promoted as Instrument Technician and Government Order No. 395-HME of 2008 dated 25.04.2008, whereby the respondent No. 4 has been promoted as Incharge Assistant, Drug Controller. Heard. I have perused the record.

(2.) Facts, which have not been disputed or are indisputable are these:

(3.) I may restate before proceeding ahead that the petitioners had filed this writ petition at a time when with the issue of the impugned Government Order 39-HME dated 11.1.2008 bringing into operation the Draft Recruitment Rules, the Drug Inspectors were rendered with no promotional avenue in the Organization, may it be Non Gazetted or Gazetted cadres. However, with the issue of SRO 417 dated 24.9.2013, their promotional avenue to the post of Assistant Controller Drugs/Assistant Drugs Analyst in the Gazetted cadre has been opened.