STATE OF J&K Vs. FAROOQ AHMAD RENZO

JUDGEMENT

(1.) APPLICANT -Farooq Ahmad Renzos Writ Petition SWP No. 188/1999 was allowed by a Learned Single Judge of this Court vide Judgment dated 06.03.2002, directing the State, in the General Administration Department, to allot him, due place in the Seniority List of the members of the Jammu and Kashmir Administrative Service, taking his date of entry into the pay scale of Rs.2125 -3600, the date relevant for determination of inter -se Seniority of those inducted into the time scale of the Service by promotion, from amongst the members of the Services of the Departments indicated in Rule 5 of the Jammu and Kashmir Administrative Service Rules, 1979, as 21.02.1984, by taking note of Government Orders dated 29.12.1997 and 21.08.1998.

(2.) THE Judgment delivered by the Learned Single Judge, was however, set aside by a Division Bench of this Court, vide its Judgment of September 03, 2005 in States LPANo.98/2002.

(3.) ALLOWING the Letters Patent Appeal, the Bench was, inter alia, of the view that the very basis of the herein applicants case, before the Writ Court that the Pay scale of the post of Information Officer, held by him, had been upgraded to Rs.2125 -3600, with effect from February 21, 1984, vide Government Order No.93 -ID of 1997 dated 29.12.1997 of the Information Department, entitling him to Seniority in the Kashmir Administrative Service from that date, having vanished with the State Governments rescinding the aforementioned Government Order vide Order No.02 -ID of 2002 dated January 08, 2002, he was not entitled to the issuance of directions, which the Learned Single Judge, allowing his Writ Petition, had issued to the State Government.