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| DB allows appeal of High Court, sets aside writ court order | | District & Sessions Judge Selection Grade post | |
Early TImes report
Jammu, Feb 25 (JNF): In a LPA filed by J&K High Court against the judgment of writ court in case of District and Sessions Judge seeking appointment to the selection grade post, Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Hasnain Massodi has allowed the appeal of the HC and set-aside the judgment and order of the writ court whereby it held the petitioner entitled to the selection grade post of District and Sessions Judge. Against this Judgment State High Court had filed the LPA. The petitioner/respondent Ghulam Nabi Gowhar was working on the post of District & Sessions Judge, his turn for consideration for selection grade post had reached.
Accordingly his case was considered by the full court of the HC in a meeting held on October 14, 1991 at Srinagar and on account of the fact that the officer had earned two average reports for the years 1989-90 and 1990-91, it was found that he would not qualify for grant of selection grade. The writ court allowed the petitioner of thepetitioner and holds that petitioner is entitled for selection grade and present appeal was filed against that order.
The Division Bench after hearing Advocate General MI Qadiri with Shah Amir appearing for the HC and senior Advocate ZA Shah with Advocate A Hanan appearing for the petitioner, referred the judgment of the Supreme Court, observed that this bench failed to appreciate as to how the single judge could read any other
consideration in the decision of the High Court to deny the selection grade to the petitioner/respondent.
"In causal course of business the consideration of cases for promotion, increment, efficiency bar and selection grade are not taken immediately after the promotions are due. The delay considering the cases would not mean as suggested by the Writ Court that it was on extraneous considerations," the court observed.
"Therefore, Division Bench subscribe to the view taken by the writ Court and thus set-aside the same more over there is no allegations of personal malafide against any one nor there could be any. The judgment of the supreme Court in Dev Dutt's case would not require any detailed consideration because a reading of paras of judgment suggest that the Supreme Court developing new principles which of course has to be applied prospectively. A newly developed rules in 2008 cannot be applied to a case of 199, therefore, Division Bench do not find any substance in the submissions based on Dev Dutt' case and allowed the appeal filed by the state High Court and set-aside the judgment of writ court," it added. |
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