HC directs Govt to promote petitioner as Addl Secy LC

Excelsior Correspondent

SRINAGAR, Feb 28: High Court has directed the Government to consider the case of Ishfaq Ahmad Wani and promote him to the post of Additional Secretary in the J&K Legislative Council Secretariat retrospectively with all consequential benefits.
After hearing both the sides, Justice M K Hanjura directed respondents to consider the case of the petitioner and promote him to the post of the Additional Secretary with effect from the date of the promulgation of the Government Order No. 1598-LD (PAB) of 2013 dated 17.04.2013 with all consequential benefits within a period of eight weeks from the date the copy of this order is made available to the respondents.
In the petition, it was submitted that in terms of the order bearing No. 75 LC of 2001 dated 16th of February, 2001, the petitioner was appointed as a Reporter. Subsequently, vide order bearing No. 328 LC of 2004 dated 23rd of August 2004, sanction was accorded to the up-gradation of the post of Private Secretary to the Chairman of the Legislative Council
By the dint of the Government order bearing No. 841 – LD (PAB) of 2008 dated 20.02.2008, having regard to the Cabinet Decision No.6/3 dated 16.02.2008, the post of Private Secretary to the Chairman Legislative Council came to be re-designated as Special Assistant. In terms of the order dated 19.03.2013, two posts of Additional Secretaries were created and these had to be filled up in accordance with the mandate of the Government order dated 17.04.2013.
The Council initiated the process of filling up of 02 posts of Additional Secretaries, regard being had to the seniority determined on the basis of the length of service, as against the post of Deputy Secretary/Special Assistant. The petitioner was placed at S. No. 1 in the order of seniority. However, the proposal, submitted for the promotion of the petitioner against the post of Additional Secretary, was withheld by the Chairman Legislative Council, on account of a criminal case having been registered against him.
“The objections raised by the respondents in not considering the case of the petitioner for promoting him to the post of Additional Secretary are devoid of any merit and substance. The reasons spelt out sufficiently and succinctly portray and demonstrate that the seniority of the petitioner has been circumvented and bypassed on flimsy grounds and not by the operation of a valid law”, Justice Hanjura said.