Excelsior Correspondent
Srinagar, Feb 16: High Court today directed for retrospective effect to the promotion of District and Sessions Judge for his services, recording that there is no reason or justification to deny the benefits.
The Division Bench of Justice Sanjeev Kumar and Justice Mohan Lan has held that the District and Sessions Judge (R) Duni Chand Sagotra is entitled to the retrospective promotion for the post of District & Sessions Judge. Court said the arguments of other-side is erroneous and without any substance that he has not actually worked against the post of District and Sessions Judge for the period for which he is seeking retrospective promotion and, therefore, his promotion to the said post is required to be reckoned only w.e.f 18.04.2007.
“Equally, meritless is the contention of opposite counsel that the Division Bench could not have allowed the petition of Sagotra and issued the directions for giving retrospective effect to the promotion of him without first formally and specifically quashing the decision of the Full Court taken on his representation.
“We have given thoughtful consideration to this argument and find that the Division Bench, with the allowing of the writ petition and issuance of directions for giving retrospective benefit in favour of the petitioner-Sagotra, has impliedly quashed the decision of the High Court taken on its Administrative side on the representation of the writ petitioner”, DB recorded.
DB further said, the plea taken by the High Court is too technical to be entertained in the review petition and the Division Bench, which decided the writ petition of the writ petitioner-Sagotra, has considered all aspects and has correctly allowed the writ petition.
Sagotra by dint of his merit and seniority, came to be promoted as Sub-Judge and thereafter, as District and Sessions Judge vide Govt. Order No. 1326-LD(A) of 2001 dated 28.05.2001. His promotion was initially made on ad hoc basis for a period of three months. The ad hoc promotion was extended for a further period of three months vide Government Order No.2505-LD(A) of 2001 dated 05-10-2001.
Thereafter he was entitled to either regularization of his promotion as District and Sessions Judge or extension in the term of his ad hoc promotion, but the High Court did not give him extension in view of his involvement in some criminal case.
Later on the High Court, on finding that his involvement in the criminal case registered against him was not established and there was nothing adverse against him as such considered his case for his promotion in the year 2007 and vide Government Order No. 1257-LD (A) of 2007 dated 18th April, 2007, promoted him as District and Sessions Judge.
Feeling aggrieved of his regularization w.e.f 18.04.2007 instead of with effect from 28th May, 2001 when was for the first time promoted as District and Sessions Judge on ad hoc basis, he filed a representation before the respondent-High Court for retrospective promotional benefits and consequent seniority as District and Sessions Judge w.e.f 28.05.2001.
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