SHAMEEM AHMAD SHAMEEM Vs. STATE & ORS.

JUDGEMENT

(1.) The petitioner has been appointed by way of promotion on the post of Inspector-II in the year 2005. He was asked to look after the post of Inspector-II in the year 2000. Private respondent has been appointed on the post of Inspector-II through direct recruitment process in the year 2002.

(2.) Shorn of the details given in the pleadings, the case of the petitioner is that excepting for one paper he had qualified all the papers in the departmental examination prescribed for Excise and Taxation Officers. The petitioner has qualified the Excise Taxation examination in year 2005. After qualifying the said examination, he was appointed by way of promotion on the post of Inspector. He has joined issue in respect of seniority of private respondent and has staked claim for being shown senior to the private respondent.

(3.) Mr. M.M. Dar, learned counsel for the petitioner, placed wholehog reliance on the Division Bench Judgment of this Court reported as Ravi Chand & Ors. Vs. Rakesh Kumar & Ors. 2014 (2) JKJ 618 [HC] and submitted that the case of the petitioner is covered by the aforesaid Judgment of the Court and he has to be deemed to have been appointed by way of promotion from the anterior date viz. from the year 2000 and would, thus, get the benefit of seniority from the said date.