BHUMESH SHARMA Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) The petitioner's presumptive claim of seniority over respondent no-3 is dependent on his retrospective induction into Transport (Gazetted) Service, from a date anterior to the substantive appointment of respondent no-3 to the Gazetted Service -- The respondent 3, who holds the substantive post of Asst Regional Transport Officer as a member of the Jammu and Kashmir Transport (Gazetted) Service; is Senior to the Petitioner, who seeks induction into the Jammu and Kashmir Transport (Gazetted) Service, by seeking regularisation as Asstt Regional Transport Officer -- The petitioner's claim of inter se-seniority with respondent no-3 appears to be expectative. In order to succeed in establishing a prima facie case for seeking a restraint-direction, a suitor is required to project an enforceable right which, in the absence of requisite directions sought for, is likely to be affected -- Such right must, therefore, exist when such a restraint direction is sought for -- Presumptive rights depending on so many imponderables, cannot thus partake the character and semblance of an enforceable right -- Petitioner do not have any entitlement to seek a restraint direction depriving respondent no-3 of his earned right to seek consideration for induction into Kashmir Administrative Service.

(2.) Through SWP No. 1248/2008, petitioner Bhumesh Sharma seeks:-

(3.) Contesting petitioner's writ petition and CMP no., 1801/2008, besides seeking vacation of ex-parte interim direction issued by this Court on September 30, 2008, through his CMP No. 2246/08, Ashwani Kumar Khajuria, respondent no. 3 questions patitioner's back door entry as Junior Assistant, illegal promotion as Senior Assistant and Motor Vehicle Inspector in the Jammu and Kashmir Transport Controllers (Subordinate) Service, as violative of the Recruitment Rules.