Excelsior Correspondent
JAMMU, Nov 7: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sanjeev Kumar and Justice Mohan Lal has cautioned the Power Development Department to remain careful in future, adhere to the recruitment rules in letter and spirit and do not act as per its whims and caprices and generate unnecessary litigation failing which the concerned officials will be proceeded in departmental action.
The direction has been passed in a LPA in which appellants are aggrieved of and have called in question a judgment dated 18.12.2018 passed by a Single Judge in SWP No. 48/2014 titled Kavita Gupta and Another Versus State of J&K and others, whereby the writ court has dismissed the petition of the appellants filed to challenge the seniority list of Junior Scale Stenographers on multiple grounds.
After hearing both the sides, the DB observed, “the manner in which the official respondents have acted, is a tantamount to granting double promotion to respondent. However, having regard to the fact that the promotion of respondent against the post of Junior Stenographer made in the year 2006 was not objected to or challenged by the appellants within reasonable time, as such, we are not inclined to interfere with his promotion”.
“As a matter of fact, the appellants have not specifically called in question the order of his promotion even in the petition disposed of by the writ court in terms of the judgment impugned. In the absence of specific challenge laid to the promotion of respondent as Junior Stenographer, we cannot entertain the grievance of the appellant as against respondent. Otherwise also, the writ petition was hit by gross delay and laches, inasmuch as cause of action, if any, accrued to the appellants in the year 2006 only and not in the year 2014 when the writ petition was filed”.
Accordingly, DB dismissed the appeal.
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