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2017 DIGILAW 1077 (JK)

Muhammad Abdullah Mir v. State of JK

2017-12-21

JANAK RAJ KOTWAL

body2017
JUDGMENT : 1. The order No. 152-SHD of 2014 dated 24.07.2014 issued by the Director, Sheep Husbandry Department, Kashmir herein respondent No. 2, would show that petitioner was promoted as Agriculture Supervisor vide order No. 118-SHD of 2013 dated 22.07.2013. Petitioner, however, was aggrieved as his junior had been promoted prior to him. He approached this Court in SWP No. 960/2014, which came to be disposed of vide order dated 15.05.2014 by issuing a direction to the respondents to accord consideration to petitioner’s claim to the post of Agriculture Supervisor from the date his junior had been favoured with the benefit. 2. Pursuant to and in compliance with the direction issued by this Court, the order dated 24.07.2014 (supra) came to be passed whereby the claim of the petitioner was found genuine and he was placed against the post of Agriculture Supervisor retrospective w.e.f. 20.11.1996 notionally (without arrears) and monetarily from 22.07.2013 against the post vacated due to reversion of one Mohammad Shaban Alia (Field Man) under order No. 290-SHD of 2013 dated 23.12.2013. 3. It appears after passing of the order dated 24.07.2014 (supra) and when the petitioner filed a contempt petition before this Court, the respondents have taken up again the question as to which date seniority of the petitioner should have been given effect from and in that process the Committee seems to have been constituted and the Deputy Director Research, Disease Investigation Committee, Nowshera, Srinagar herein respondent No. 3 conveyed as follows:- “It may not be out of place to mention that promotion to higher technical cadre is required to be considered on the grounds of merit of technical qualification rather than the date of first appointment. Accordingly, Mr. M. Abdullah Mir is entitled to enlistment in higher cadre after Mr. Ab. Hamid Naikoo who has been promoted vide Director Sheep Husbandry Department, Kashmir’ Order No. 9915-16 dated 31.10.2007 and in the opinion of the committee order No. 152-SHD of 2014 dated 24.07.2014 whereby Mr. Mohd Abdullah Mir has been placed against the post of Agriculture Supervisor with retrospective effect from 20.11.1996 needs to be revoked on merits of the case.” 4. What is, thus, evident from the record is that after having given the promotion to the petitioner retrospectively with effect from 20.11.1996 notionally, respondents have undertaken the process for reviewing the order dated 24.07.2014 behind the back of the petitioner. What is, thus, evident from the record is that after having given the promotion to the petitioner retrospectively with effect from 20.11.1996 notionally, respondents have undertaken the process for reviewing the order dated 24.07.2014 behind the back of the petitioner. The process initiated by the respondents, therefore, infringes the principles of natural justice in particular the principle of audi alteram partem as no action detrimental to the interest of the petitioner can be taken behind his back. 5. Viewed thus, the communication dated 12.12.2015 is quashed. However, keeping it open for the respondents to take up the matter afresh after issuing notice and providing opportunity of hearing to the petitioner. 6. Petition allowed.