Mohd. Ahsan Zargar vs Prashant Goyal Principal Secretary
2025 Latest Caselaw 868 J&K

Jammu & Kashmir High Court

Mohd. Ahsan Zargar vs Prashant Goyal Principal Secretary on 5 February, 2025

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

                                                                  Serial No. 15

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                AT JAMMU
CCP(S) No. 373/2023 in
SWP No. 1603/2006
c/w
CCP(S) No. 8/2024

Mohd. Ahsan Zargar                              .....Appellant(s)/Petitioner(s)
                     Through: Mr. S. Rupinder Singh, Advocate.
                vs
Prashant Goyal Principal Secretary                         ..... Respondent(s)
Housing and Urban Dev. Dept. and another
                     Through: Ms. Monika Thakur, Advocate vice
                              Mr. S. S. Nanda, Sr. AAG.

Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
                                 ORDER

05.02.2025

CCP(S) No. 373/2023

1. The respondents have filed the compliance report, thereby placing on

record order dated 11.01.2025 whereby sanction has been accorded for

promotion/confirmation of Mr. Mohd. Ahsan Zargar as Assistant

Sanitation Officer notionally with effect from 18.12.2008.

2. Mr. Rupinder Singh, learned counsel for the petitioner contends that

the petitioner was entitled to promotion with effect from the year 2006

and he was also required to be considered for further promotions,

which has not been done by the respondents. He has further drawn

attention of this Court towards the para 7 of the statement of facts,

wherein it has been mentioned that the case of the petitioner for

conferring benefit at the level of Executive Officer and above on the

basis of the re-fixation of his seniority and promotion/confirmation is

c/w

required to be considered by the Government, which is the competent

authority.

3. In view of this, let fresh compliance report be filed by the respondent,

strictly in terms of the judgment, by or before the next date of hearing.

4. The respondents have filed the compliance report, thereby placing on

record order dated 04.12.2024 whereby sanction has been accorded for

promotion/confirmation of Sh. Vinod Kumar as Assistant Sanitation

Officer notionally with effect from 18.12.2008.

5. Mr. Rupinder Singh, learned counsel for the petitioner contends that

the petitioner was entitled to promotion with effect from the year 2006

and he was also required to be considered for further promotions,

which has not been done by the respondents. He has further drawn

attention of this Court towards the para 7 of the statement of facts,

wherein it has been mentioned that the case of the petitioner for

conferring benefit at the level of Executive Officer and above on the

basis of the re-fixation of his seniority and promotion/confirmation is

required to be considered by the Government, which is the competent

authority.

6. In view of this, let fresh compliance report be filed by the respondent,

strictly in terms of the judgment, by or before the next date of hearing.

7. List on 21.02.2025.

(RAJNESH OSWAL) JUDGE

Jammu 05.02.2025 Sahil Padha