MIR REHMAT Vs. STATE AND OTHERS

JUDGEMENT

(1.) The petitioners and private respondents are both physically challenged persons. They are working in the Department of Radiology in Sher-i-Kashmir Institute of Medical Sciences (SKIMS), Srinagar.

(2.) In terms of order No. 12-SKIMS of 2014 dated 14-02-2014, the private respondents have been appointed by way of promotion on the posts of Technologists Grade-II from the post of Technologist Grade-I in the pay scale of Rs. 9300-34800+GP Rs. 4260. It is provided in the order that the order of promotion shall take effect subject to conditions contained in Government order No. 362-GAD of 1992 dated 29-04-1992. It is this order which is called in question in this writ petition on the principal ground that the private respondents are junior to the petitioners. Copy of the final Seniority List of Technician-I/II, as on 30-09-2011, has been placed on record by the petitioners as annexure (A) to indicate that they figure at S.NOs. 3 & 4 in the category of Technician-I, whereas private respondents figure at S.NOs. 7 & 8.

(3.) Respondents have filed Reply Affidavit. They have placed on record copies of Office Order No. SIMS(P) of 1997 dated 24-11-1997, where under the private respondents have been placed in the higher grade of Rs.1400-2600 (Dark Room Technicians). They have also placed on record copy of Office Order No. 27(P) of 2012 dated 21-02-2012, where under it has been ordered that the condition, incorporated in the order dated 24-11-1997 that promotion will take effect when the private respondents join the post physically as provided in Government Order No. 362-GAD of 1992 dated 29-04-1992, is waived retrospectively. Thereafter, in terms of Office Order No. SIMS 55(P) of 2013 dated 26-03-2013, respondents - SKIMS ordered that the release of higher grade of Rs.5000-8000(PR) issued vide order dated 24-11-1997 shall take effect from 12-08-1994 instead of 24-11-1997. Thereafter final Seniority List of Technician Grade-I, as it stood on 31-08-2013, has been issued , in which the private respondents figure at S.NOs. 1 & 2 and petitioner at S.NOs. 5 & 6.