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| HC allows petition for promotion after petitioner's retirement | | | EARLY TIMES REPORT
Jammu, Sept 16 : Justice Sunil of J&K High Court (Jammu Wing) in a petition filed by Dr. AK Koul seeking selection for the post of Principal, has allowed the petition with the direction to the respondent to consider the case of petitioner for promotion to the post of Principal with effect from the date any of his junior has been promoted. The petitioner who was working as selection grade lecturer came to be appointed as Incharge Principal Govt Degree College Basholi on October 26, 2005. A selection process have been initiated by the Public Service Commission for filling-up the posts of Principal on substantive basis. About 29 posts in said cadre were referred to PSC. In pursuant to the said selection process, a select list 34 candidates came to be issued by the Govt on February 4, 2006. The petitioner who claimed to be eligible but his case has been wrongly rejected and filed this petition in the year of 2006.
Justice Sunil Hali after hearing petitioner who appeared in person, Advocate DC Raina along with Advocate FA Natnoo for PSC, taking into consideration the fact, the selection in the present case has been made without assessing APRs of candidates who were in the zone of consideration, which is in the opinion of the Court was the best source to assess the suitability of the candidates. The action of the respondents in selecting the private respondents is set to be not in accordance with the law.
Court further observed that under the above circumstances Court would have quashed the selection of private respondents but taking into the consideration the fact that the selection pertains to the year 2006 and some of the selected candidates including the petitioner have since retired, without upsetting the selection the private respondents, allowed this petition with the direction to respondents authorities to consider the case of the petitioner for promotion to the post of Principal on notional basis with effect from the date any of his junior has been so promoted. The petitioner shall be paid his retrial benefits and these would be calculated on the basis of his promotion and appropriate orders in this regard be passed by the Authority concerned within a period of one month. ---JNF |
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