GH MOHD DAR Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners employees of Respondents 1 to 3 by way of this writ petition under S 103 of the State Constitution read with Art. 226 of the Constitution of India challenge and seek quashing of the order of promotion of respondent No. 4 on the following grounds:

(2.) THE petitioners 1 to 3 claim their seniority over the respondent No. 4 with effect from first appointment ranging from 25 -1 i -68, 30 -10 -79 and 1 -2 -1968 respectively. Further they claim to be Matriculates and trained Multipurpose Workers. The petitioners have filed a seniority list indicating the names of the petitioners including the respondent No 4. It is alleged that respondent No. 4 has been appointed on 30 -12 -80 and is a far junior employee compared to the petitioners but with utter disregard to the rules of promotion and principles of natural justice the respondent No. 2 has promoted respondent No. 4 as a junior Health Inspector without considering the petitioners claim having same qualification and being senior to him. The petitioners claim that the only rule for Field Worker for promotion as Junior Health Inspector, is on the basis of seniority to gether with being a Matriculate and trained in Multipurpose works which the petitioners possess but their claim has been ignored while promoting respondent No, 4 by respondents.

(3.) ON admission of the writ petition, the respondents 1 to 4 were given opportunity to file counter affidavit, only respondent No. (4) has filed reply affidavit but respondents 1 to 3 have not chosen to file the counter which right stands closed to them vide court order dt. 11 -2 -87.