STATE TIMES NEWS
SRINAGAR: Justice M.K Hanjura of State High Court on Wednesday directed respondents to promote the petitioner to the post of Additional Secretary with effect from the date of the promulgation of the Government Order No. 1598-LD (PAB) of 2013 dated April 17, 2013 with all consequential benefits within a period of eight weeks from the date the copy of this order is made available to the respondents.
The court order came in a petition filed by Ishfaq Ahmad Wani seeking directions to the respondents to promote him to the aforesaid post retrospectively with all consequential benefits.
The petitioner has pleaded in the writ petition that in terms of the order bearing No. 75 LC of 2001 dated February 16, 2001, he was appointed as a Reporter. Subsequently, vide order bearing No. 328 LC of 2004 dated August 23, 2004, sanction was accorded to the up-gradation of the post of Private Secretary to the Chairman of the Legislative Council. The petitioner was placed in the pay scale of Rs. 10,000-15200 from the then pay scale of Rs. 7500-12000. By the dint of the Government order bearing No. 841 – LD (PAB) of 2008 dated February 22, 2008, having regard to the Cabinet Decision No.6/3 dated February 16, 2008, the post of Private Secretary, to the Chairman Legislative Council came to be re-designated as Special Assistant. In terms of the order dated March 19, 2013, two posts of Additional Secretaries were created and these had to be filled up in accordance with the mandate of the Government order dated April 17, 2013. The petitioner has stated that the respondent- Council initiated the process of filling up of two posts of Additional Secretaries with regard to the seniority determined on the basis of the length of service, as against the post of Deputy Secretary/Special Assistant. The petitioner, as contended in the writ petition, was placed at serial no. 1 in the order of seniority. However, the proposal, was withheld by the Chairman Legislative Council, on account of a criminal case n registered against him (the petitioner) and the Government promoted an official to the post of Additional Secretary, who was junior to the petitioner.
Justice MK Hanjura while observing that objections raised by the respondents in not considering the case of the petitioner for promotion are devoid of merit and substance directed respondents to consider the case of the petitioner and promote him to the aforesaid post.
