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HC directs respondents to consider petitioner for promotion
5/19/2008 11:35:12 PM
Early Times Reporter
Jammu | May 19
Justice Nirmal Singh of J&K High Court, Jammu wing, in a petition filed by Dr. Gian Singh Chief Editor (editorial) dictionary section Academy of Art, Culture and Languages, Jammu challenging the promotion of Zaffar Iqbal as Additional Secretary, has issued notice to J&K Academy of Art Culture & Languages through its President J&K (Chief Minister), Secretary J&K Academy of Art, Culture and Languages Academy and Zaffar Iqbal Culture-cum-Editor Phari promoted as Additional Secretary returnable within four weeks. In the meanwhile the Court ordered that promotion of Zaffar Iqbal, if any, shall be subject to the result of this petition.
Court after hearing Adv Jagjit Rai appearing for the petitioner further directed that in case any promotion to the post of Additional Secretary is made in the J&K Academy of Art, Culture & Language, the case of the petitioner may also be considered in accordance with the rules.
These court directions were passed in a petition challenging the promotion of Additional Secretary on the basis that the respondent was appointed on plan post which is temporary in nature and was serving editor-cum-cultural officer (P). The date of first appointment of the petitioner is June 22,1983, whereas the date of first appointment of respondent on a plan post is June 20, 1984. According to the final seniority list dated June 23, 2003, the petitioner is senior than the respondent. In the petition it has been submitted that respondent remained absent for about three years from the plan post after joining and was sent on deputation as Editor-cum-cultural officer Pahari language (which is a project). The respondent was never confirmed and declared as qasi permanent employee under J&K Civil Service (temporary service) rule 3 of 1961 as such was not entitled to any promotion to which the permanent employees holding (non-plan) and seeking quashment of promotion of respondent. JNF
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