SWARAN SINGH AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the matter is heard finally.

(2.) In this petition, petitioners inter alia seek review of the judgment dated 14.12016 passed in LPASW No. 05/2015.

(3.) Facts giving rise to the filing of this petition briefly stated are that the petitioners and respondent Nos. 4 to 9 were allowed to hold the post of Inspector in the Excise and Sales Tax Department in their own pay and grade and they were performing the duties of Inspector for the past 6 years. Thereafter, vide order dated 28.10.2009 the petitioners were reverted to the posts of Sub-Inspector on the ground they failed to qualify the prescribed Departmental Examination. The petitioners thereupon filed a SWP No. 1930/2011 before this Court in which the petitioners inter alia sought direction to the respondents to relax the Rule, particularly the one, which envisages the qualifying of Departmental Examination for being eligible to be promoted to the post of Inspector in Excise and Commercial Tax Department, Jammu and Kashmir Government, as well as direction to the respondents to promote the petitioners to the posts of Inspectors. The writ petition was dismissed by the learned Single Judge vide judgment dated 22.11.2014 and upheld by the Division Bench vide judgment dated 14.12.2016.