STATE OF J&K Vs. MOHINDER NATH GUPTA

JUDGEMENT

(1.) THIS appeal is directed against a judgment passed by a learned Single Bench of this Court (V.K. Gupta J, as his Lordship then was) on 31.1.1996 in SWP No. 607/94. Under the impugned order, writ petition was allowed and after passing a writ of mandamus, appellants were directed to consider the petitioner for promotion to the post of professor (orthopedics), exactly on the same line and analogy as was done in the case of respondent No.2 (Dr. G.R. Mir) who was arrayed as respondent No.3 in the writ petition. The writ court also directed that all consequential benefits be granted to the petitioner on similar lines. It was further directed that the writ petitioner would either be considered against any available vacancy in the Department of Orthopedic itself or if no vacancy was available at present in the Department of orthopedics, against any available vacancy of professor in Medical College Jammu, or on the occurrence or availability of next vacancy in the same College, The relevant finding of the writ court is reproduced as under: -

(2.) THE writ court again reiterated the same direction in the same judgment. This direction is also reproduced as under: -

(3.) THIS order has been challenged by he appellant state on the following grounds: -