(1.) The two letters patent Appeals (LPAs) are directed against the judgment and order dated 07.05.2013 passed in SWP No. 2356/2009 titled Rakesh Kumar and ors. v. State of J&K and ors. This decision will dispose of both the appeals.
(2.) Yet again direct recruits and the promotees have locked horns for securing benefits of seniority over one another.
(3.) The appellants in both the appeals were appointed by way of promotion on the post of Excise and Taxation Officer in the pay scale of Rs. 7500-12000 from the dates indicated against each vide Government order No. 232-F of 2004 dated 06.12.2004. Appointment of the appellants by way of promotion on the post of Excise and Taxation Officers from the anterior dates in terms of aforementioned order was made in view of the recommendations made by the Public Service Commission (PSC) vide its communication dated 05.10.2004 to the Financial Commissioner, Finance Department, Civil Secretariat, Srinagar in which the appellants were cleared for being appointed by way of promotion from the date the vacancies actually existed in their quota.