BHAGWAN DASS Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the order dated October 12, 1998 passed by the learned Single Judge in SWP No: 1596/95 whereby writ petition of the appellant has been dismissed.

(2.) APPELLANT while holding Class IV post on substantive basis, was adjusted against the post of Basic Health Worker (BMW) at Kaka Dabuj, vide order No: 233 -34 dated July 29, 1980, issued by the Block Medical Officer, Health and Family Welfare, Primary Health centre, Ramgarh. He asserted his claim that the adjustment ordered vide the aforesaid order is a promotion and he is entitled to the benefit or regular grade of the post of BMW and accordingly he should be reflected in the seniority list. The respondents stand before the writ court was that the appellant has not been promoted and, therefore, is not entitled to the release of grade of the post of BMW. The appellant, in order to seek identical relief earlier filed S. W. P. No: 515/ 89 which was dismissed as withdrawn vide order dated July 08, 1997. The court while dismissing the writ petition recorded:

(3.) WE have learned counsel for the appellant, perused the memorandum of appeal and the order under appeal alongwith other evidence on record.