Excelsior Correspondent
JAMMU, June 11: In a petition filed by Duni Chand Sagotra who retired as District and Sessions Judge, seeking quash-ment of the communication dated 30.12.2015 by which the representation of the petitioner for regularization of his promotion as District and Sessions Judge with effect from December, 2001 to April, 2007 and grant of Selection Grade, has been rejected, a Division Bench of State High Court Comprising Justice Alok Aradhe and Justice Sanjeev Kumar after hearing Advocate Abhinav Sharma for the petitioner whereas Sr. AAG HA Siddiqui appearing for the state, directed respondents to regularize the promotion of the petitioner as District and Sessions Judge with effect from December, 2001 to April, 2007 and to award him all consequential benefits.
The petitioner also sought a direction to the respondents to fix his seniority as District and Sessions Judge with effect from 28th May, 2001 uninterruptedly till the retirement of the petitioner in the month of April, 2011 and to fix his salary as well as to accord him all consequential benefits.
According to the petition, the petitioner was promoted as District and Sessions Judge on adhoc basis on 05.06.2001, thereafter, the adhoc promotion of the petitioner and others as District and Sessions Judge was extended for a period of three months on 05.10.2001. Thereafter by an order dated 07.02.2002 all other adhoc District and Sessions Judges were allowed to continue, except the petitioner and he was posted as Sub Judge (Electricity Magistrate), Jammu. The petitioner was eventually promoted as District and Sessions Judge vide order dated 18.04.2007 and posted as Additional District and Sessions Judge, Kishtwar. Being aggrieved with regard to the non-continuation as District and Sessions Judge, the petitioner submitted a representation on 01.12.2007.
Division Bench after perusal of the reply of respondent observed that it is evident that no explanation has been assigned by the respondents for depriving the petitioner of the benefit of promotion on the post of District and Sessions Judge with retrospective effect.
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