ABDUL RASHID SOFI Vs. UNIVERSITY OF KASHMIR

JUDGEMENT

(1.) This petition invokes the extra-ordinary power of this Court in granting a writ in the form of certiorari quashing order No. F(JA-Adm)/KU/96 dated 28.2.1996, passed by respondent No. 4. The impugned order supersedes all the previous orders and refixes the dates of promotion and confirmation as under:-

(2.) Prior to this the respondent-University vide Order No. (Promotion-SA)Adm/88 dated Jan 30, 1988, the two petitioners had been promoted as Senior Assistants in the scale of Rs. 1200-2040. The order dated 30.1.1988 was further superseded by two orders, one passed on 2.5.1988 vide No. F (Promotion- SA)Adm/88 and the other passed on 24.12.1988 vide No. (Promotion-SA)Adm/88. Vide these orders the petitioners were treated to have been promoted as Senior Assistants with effect from 6.5.1987. The impugned order superseded all the earlier orders of promotion and treats the petitioners to have been promoted with effect from 13.5.1987 instead of 6.5.1987. The petitioners figured higher in the order dated 27.4.1984 appointing them as Junior Assistants. Respondents No. 5 & 6 have been promoted as Senior Assistants on 6.5.1987. Thus they have stolen a march over the petitioners and have become senior to the petitioners.

(3.) The petitioners are aggrieved of the order dated 28.2.1996 on the grounds that the petitioners were not heard before changing their seniority position and the petitioners were, with an oblique motive, not allowed to join their posts on 1.5.1987 when they returned after having availed of their study leave. They joined back their duties on 1.5.1987 after remaining on leave w.e.f. 29.10.1986. The petitioners, according to the official respondents, have reported for duty on 4.5.1987, however, till 13.5.1987 they were not allowed to join on the plea that their leave cases had not been settled. They were allowed to join on 13.5.1987 and treated on extraordinary leave for a period of 196 days.