SUDESH KUMAR GUPTA Vs. STATE AND ANOTHER

JUDGEMENT

(1.) In this intra-Court appeal, the appellant has assailed the validity of order dated 13.10.2016 passed by the learned Single Judge by which the writ petition preferred by the appellant had been dismissed.

(2.) Facts giving rise to the filing of this appeal briefly stated are that the appellant was as a Public Law Officer in the law Department of the State of Jammu and Kashmir in the year 1974 and subsequently his services were transferred to the Police Department as Prosecuting Officer in the year 1980. The appellant was promoted to the post of Senior Prosecuting Officer in the year 1998 and subsequently, as Chief Prosecuting Officer in the year 2000. Vide Government order dated 14.07.2006, five Chief Prosecuting Officers were placed as Incharge Deputy Directors Prosecution in their own pay and grade with charge allowance including one Mangat Ram. It is the case of the appellant that in the seniority list, the name of the appellant figured at serial No.20 whereas the name of Mangat Ram figured at serial No.30. In other words, a person junior to the appellant was made Incharge Deputy Director Prosecution. Being aggrieved, the appellant submitted a representation which was allowed and subsequently in the year 2011, the State Government made recommendation to the Public Service Commissioner for according consideration to the case of the appellant for promotion to the post of Deputy Director Prosecution on substantive basis w.e.f. 14.07.2006 i.e. the date when Mangat Ram was made Incharge Deputy Director Prosecution. It is pertinent to note that the appellant superannuated in the month of July, 2007. On the basis of recommendation made by the State Government, the respondents made promotion to the post of Deputy Director Prosecution vide order dated 25.11.2011. However, the prayer of the appellant was not acceded to.

(3.) In the aforesaid factual background, the appellant approached the learned Single Judge by filing a writ petition for issuance of a writ in the nature of mandamus seeking directions to the respondents to consider the case of the appellant for promotion to the post of Deputy Director (Prosecution) in Jammu and Kashmir Police Gazetted service (Prosecution Wing) retrospectively w.e.f. 14.07.2006 with all consequential benefits. The learned Single Judge vide impugned judgment dated 13.10.2006 dismissed the writ petition inter alia on the ground that the appellant had at no point of time challenged order dated 14.07.2006 which was passed prior to his superannuation. It was further held that the writ petition filed by the appellant suffered from delay and laches and accordingly, the same was dismissed. In the aforesaid factual background, this appeal has been filed.