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Jai Ram Sharma v. Jammu Dev. Authority .

Supreme Court of India · 19 April 1996 · [1996] SUPP. 1 S.C.R. 603

Court
Supreme Court of India
Decided
19 April 1996
Case no.
C.A. No. 7750 of 1996
Reported as
[1996] SUPP. 1 S.C.R. 603
Result
Appeal(s) allowed
Bench
Ramaswamy, K.
Length
2 pages
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PETITIONER:
JAI RAM SHARMA
Vs.
RESPONDENT:
JAMMU DEVELOPMENT AUTHORITY
DATE OF JUDGMENT: 19/04/1996
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
JT 1996 (5) 369 1996 SCALE (4)449

ACT

HEADNOTE

JUDGMENT

ORDER

Leave granted.

We have heard learned counsel on both sides.

This appeal by special leave arises from the judgment and order dated February 10, 1995 of the High Court of Jammu & Kashmir in LPA No.77 of 1990. The admitted position is that while the respondent NO.5, P.N. Jalla, was on deputation as senior Steno, the appellant was appointed on regular basis as Office Superintendent. For the post of Public Relations Officer, he is required to be considered for promotion on regular basis. Instead of promoting him on regular basis, the deputation is was considered and promoted. The appellant challenged the said action by way of writ petition which was not properly considered be the Division Bench. When the matter had come up for. admission, this Court on August 21, 1995 had passed the following order;

"Counsel for the petitioner says

that the petitioner does not

require payment of back-wages but

his due seniority is to be

considered according to rules. The

3rd respondent was only a senior

stenographer from Govt. service and

was on deputation. While the

petitioner is a regular employee

and is entitled to be considered,

when the vacancy of Public

Relations Officer had arisen, he

was not considered, Since he Single

Judge has given the direction

correctly, the Division Bench was

not right in upsetting that order

from the date on which he was due

to be considered. In view of the

fact that he is not claiming any

arrears and the 5th respondent has

retired from service, notice is

issued to the State as to why the

petitioner’s seniority should not

be taken from the date when the

vacancy as P.R.O. had arisen and he

was due for consideration but was

not considered along with the 5th

respondent".

Counter-affidavit has been filed by the respondent contending that appellant’s seniority was considered with effect from the date when the vacancy had arisen after the retirement of the 5th respondent. The above action is obviously illegal and an arm twist to nepotism. When the appellant was a regular candidate as Office Superintendent, he was entitled to be considered in preference to the deputationist, who is not a member of the service as on that date. He was wrongly denied of his legitimate right to be considered for appointment on the date when the 5th respondent was appointed. It is, therefore, directed that the appellant must be considered to have been regularly appointed with effect from the date on which the 5th respondent was promoted as P.R.O. and in terms of the order passed by this Court. His entitlement would be considered according to the rules within a period of three months from the date of the receipt of the order.

The appeal is accordingly allowed. No costs.

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