Mohd. Maqbool Malik & Ors vs Union Territory Of J&K And Ors on 20 December, 2024

Jammu & Kashmir High Court – Srinagar Bench

Mohd. Maqbool Malik & Ors vs Union Territory Of J&K And Ors on 20 December, 2024

                                                                  Serial No. 43
                                                            Supplementary-1 Cause List

         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR


                           WP (C) No. 2976/2024
                            CM No. 8107/2024



Mohd. Maqbool Malik & Ors.
                                                              ... Petitioner(s)
                              Through: -
                       Mr Bakhat Parvaiz, Advocate.
                                     V/s
Union Territory of J&K and Ors.
                                                            ... Respondent(s)

Through: –

Mr Furqan Yaqoob Sofi, Government Advocate.

CORAM:

HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.

(ORDER)
20.12.2024

01. In this Petition, filed under Article 226 of the Constitution of
India, the Petitioners plead that they are aggrieved of the action on the part
of the Respondents in refusing to grant them retrospective promotion as
Section Officers in the Respondent-Corporation, having been placed as
Incharge Section Officers in the year 2019 against vacant posts and, later
on, confirmed on the said posts in the year 2020.

02. It is pleaded that while the Petitioner Nos. 1 and 2 are due to
be confirmed as Section Officers from 8th of May, 2019, the Petitioner No.3
is due to be regularized as Section Officer w.e.f. 1 st of February, 2019, the
dates when they were placed as Incharge Section Officers against vacant
posts.

03. It is further stated in the Writ Petition that the Petitioners came
to be given prospective promotion as Sections Officers w.e.f. 3rd of
November, 2020 in terms of Order No. 1555 of 2021 dated 27th of October,
2021 issued by the Respondent No.1, whereafter, the Petitioners made
repeated requests before the Respondents for granting retrospective effect to
their promotion as Section Officers from the dates they were actually placed
as Incharge Section Officers against vacant posts, however, all such
requests fell on deaf ears and did not evoke any decision from the
Respondents, thereby constraining the Petitioners to approach this Court
through the medium of the present Petition.

04. Mr Bakhat Parvaiz, the learned Counsel appearing for the
Petitioners, submits that the Petitioners have been awaiting the decision to
be taken by the Respondents with respect to their grievance since the year
2021, however, the Respondents have ignored the consideration of the same
for reasons best known to them. The learned Counsel for the Petitioners
submits that the Petitioners shall feel satisfied in the event the present
Petition is disposed of by this Court with a direction to the Respondents to
accord consideration to the claim of the Petitioners for granting
retrospective effect to their promotion as Section Officers, as projected in
the Writ Petition, with further direction to decide the same within a
reasonable time.

05. Mr Furqan Yaqoob Sofi, the learned Government Advocate,
enters appearance in the matter on behalf of the Respondents and submits
that he is not averse to the aforesaid submission made by the Counsel for
the Petitioners for disposal of the case on the above lines.

06. Given the nature of controversy involved in the matter and
with the consensus of the learned Counsel appearing for the parties, the
instant Petition is disposed of with a direction to the Respondents to
consider the claim of the Petitioners for grant of retrospective effect to their
promotion as Section Officers, as projected in the Writ Petition, and pass
appropriate orders thereon expeditiously, preferably within a period of two
months from the date of receipt of certified copy of this Order, of course, in
accordance with the Rules governing the subject. The Petitioners may, on
their part, supply a copy of the Writ Petition with all its annexures, along
with a copy of Order passed today, before the Respondents for purpose of
facilitating an early decision in the matter.

07. Writ Petition is, thus, disposed of on the above terms, along
with the connected CM.

(M. A. CHOWDHARY)
JUDGE
SRINAGAR
December 20th, 2024
“TAHIR”

Tahir Manzoor Bhat
I attest to the accuracy and
authenticity of this
document