Riyaz Ahmad Rather vs High Court Of Jk And Ors
2021 Latest Caselaw 1610 j&K/2

                                                             Serial No. 08
                                                           Regular cause list



      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                  AT SRINAGAR

                                                   SWP No. 470/2016
                                                    IA No. 01/2016
                                                   CM No. 8172/2021



Riyaz Ahmad Rather
                                                            ..... Petitioner(s)
                                 Through: -
                        Mr. Salih Pirzada, Advocate


                                     V/s
High Court of JK and Ors.
                                                          ..... Respondent(s)

Through: -

Mr. Aatir Javid Kawoosa, Advocate vice Mr. Javid Ahmad Kawoosa, Sr. Advocate

CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge Hon'ble Mr Justice Mohd Akram Chowdhary, Judge Order 14.12.2021

CM No. 8172/2021

Pending decision in the writ petition where the petitioner has

questioned the imposition of penalty for withholding four increments, the

respondents are stated to have promoted his juniors as Section Officers.

Learned counsel appearing for the petitioners submits that Sh. Abdul

Rashid War, Head Assistant/Accountant is junior to the petitioner and has

been promoted as Section Officer. Learned counsel further submits that the

respondents by no stretch of imagination or application of law can withheld

consideration for promotion of the petitioner. Learned counsel while reiterating the grounds taken in the application for the relief claimed,

supported the same with Judgment delivered by the Hon'ble Supreme Court

in case Shiv Kumar Sharma V. Haryana State Electricity Board,

Chandigarh and Ors., reported in AIR 1988 SC 1673.

Notice, waived by Mr. Aatir Javid Kawoosa, learned counsel appearing

for the respondents.

List along with main case on 09.03.2022.

In the meantime, respondent No. 1, shall ensure consideration of the

case of petitioner for promotion to the next higher post of Section Officer on

the basis of merit and seniority and report compliance by or before the next

date of hearing.

                               (Mohd Akram Chowdhary)           (Ali Mohammad Magrey)
                                        Judge                             Judge
           SRINAGAR
           14.12.2021
           "Mohammad Yasin Dar"




MOHAMMAD YASIN DAR
2021.12.14 15:57
I attest to the accuracy and
integrity of this document