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| ‘Petitioner not entitled to higher grade’ | | DB sets-aside the judgment of Single Judge | | Early Times Reporter
Jammu | May 19
Allowing the appeal filed by the BSF authorities, the Division Bench of J&K High Court, Jammu Wing, comprising Justice Nirmal Singh and Justice JP Singh, has set-aside the judgment of Single judge passed on July 23, 2002 where under the petitioner/respondent has been held entitled to higher grade of the post of pharmacist .
Aggrieved by the judgment of the single judge, the BSF authorities filed the LPA. In its judgment, written by Justice JP Singh, the Division Bench, after hearing Adv Ajay Sharma CGSC appearing for the appellants and Adv Surinder Kour appearing for respondent, observed that it was not disputed that the respondent had not acquired degree or diploma in pharmacy. It is thus clear that respondent did not possess one of the three qualifications prescribed for the post of pharmacist (qualified). Possessing of Degree or Diploma in pharmacy is a necessary qualification to seek consideration for appointment as pharmacist (qualified). Respondent cannot thus be said to be duly qualified to seek consideration for his placement in higher grade of pharmacist (qualified) retrospectively with effect from April 26, 1983.
Order of Directorate General of BSF, rejecting representation for retrospective placement in the higher scale of pharmacist (qualified) has been examined by Division Bench and do not find any illegality in the order which may warrant interference in exercise of extra-ordinary writ jurisdiction, the Division Bench maintained.
While allowing the appeal the DB set-aside the judgment of Single Judge passed on July 23, 2002 and dismissed respondent's writ petition. JNF |
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