MADHU GUPTA Vs. STATE AND ORS.

JUDGEMENT

(1.) Petitioner has filed this petition under Section 103 of the Constitution of Jammu and Kashmir seeking enforcement of fundamental as well as legal rights praying for the issuance of a writ in the nature of Certiorari quashing Order No: 188/AHJ of 2003 dated: 25.04.2003 promoting respondent No. 3 to the post of Assistant Bacteriologist and issuance of a writ in the nature of Mandamus directing and commanding Respondent No. 1 and 2 to consider the case of the petitioner for promotion to the post of Assistant Bacteriologist w.e.f. 25.04.2003 when respondent No. 3 came to be promoted with all consequential benefits of pay and seniority.

(2.) The case of the petitioner is that:-

(3.) Objections have been filed by the official Respondents No. 1 and 2, wherein it is stated that after going through the record, it was found that the respondent No. 3 has wrongly been promoted by giving him a double jump of promotion to the post of Assistant Bacteriologist. The order of promotion of respondent No. 3 has already been rescinded immediately vide Order No. 126/AHJ of 2004 dated: 27.04.2004. Relevant paras of Order No. 126/AHJ of 2004 dated: 27.04.2004 are:-