STATE OF J&K Vs. SWARAN KANTA

JUDGEMENT

(1.) THIS order shall dispose of LPASW No.183/2001 and LPASW No.222/2001 because both the appeals have emerged from the common judgment and order dated 17.04.2001 passed by the learned Writ Court in SWP No.1307/99. It is pertinent to mention that LPASW No.222/2001 along with CMA has been filed by one Sunita Kumari Gupta, who was not a party to the writ proceedings. She has challenged the judgment and order dated 17.04.2001 passed by the learned Writ Court after obtaining leave of the Court.

(2.) IN order to understand the contour of the legal controversy, it would first be necessary to set out few facts.

(3.) THE basic issue which is raised before this Court is whether adjustment of the petitioner -respondent, Ms. Swaran Kanta on the post of Librarian would confer any right on her or could it be regarded as regular promotion. There are more than one reasons for us to believe that no right could be deemed to have been conferred on Ms. Swaran Kanta by virtue of orders dated 05.02.1999 and 13.04.1999 passed by Deputy Director, Libraries. There is a seniority list of Junior Librarians which gives the details of educational qualification of each one of the Junior Librarian along with other particulars. The name of Miss Swaran Kanta figures at serial No.30. She is stated to have qualification of B.A. M.Lib. She was appointed as Junior Librarian on 12.02.1994 and was adjusted as Librarian on 05.02.1999 and 13.04.1999. It could not be successfully argued that her case for promotion could have been considered ahead of 29 other persons because such a course would be violative of rudimentary principles of equality enshrined by Article 14 and 16(1) of the Constitution of India.