FAYAZ AHMAD SHEIKH Vs. STATE AND ORS.

JUDGEMENT

(1.) VIDE Government order No. 2980 -LD of 2013 dated 23.08.2013, subject to confirmation by the Government, sanction has been accorded to the officiating promotion of respondent Nos. 4 & 5 in their own pay and grade against the vacancy of Special Secretary. The said order was issued without prejudice to the seniority and superior claim of any officer or any writ petition pending before the Court. Petitioner has challenged the said order, as according to him his rights would get jeopardized.

(2.) DURING the pendency of the writ petition there has been certain developments i.e. petitioner too has been confirmed as against the post of Additional Secretary w.e.f. 29.04.2011, whereas respondent No. 4 (Dilshada Shaheen), has been confirmed as Additional Secretary w.e.f. 01.01.2013. Respondent No. 5 (Dilshad Ahmad Baba) too has been confirmed as Additional Secretary w.e.f. 29.04.2011. Thereafter again vide Government No. 868 -LD (Estt) of 2014 dated 18.02.2014, subject to confirmation by the Government, sanction has been accorded to the officiating promotion of the petitioner as Special Secretary in his own pay and grade.

(3.) THE claim of the petitioner is that he was confirmed as against the post of Additional Secretary w.e.f. 29.4.2011 in category -A, whereas respondent No. 5 has been confirmed as Additional Secretary in category -B w.e.f. 29.4.2011. Vis   -vis respondent No. 4 no dispute survives because her confirmation admittedly is later in point of time, therefore, there is no issue of seniority with her.