HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPASW No. 13 OF 2003 Director SSB and anr Petitioners Bir Singh Respondent !Mr. Tashi Rabsta, CGSC ^Mr. Anil Khajuria, Advocate Honble Mr. Justice Dr. Aftab H. Saikia, Chief Justice Honble Mr. Justice Hakim Imtiyaz Hussain, Judge Date: 04.08.2010 :J U D G M E N T :
Dr. Saikia, CJ:
1. Heard Mr. Tashi Rabstan, learned counsel for the appellants and Mr. Anil Khajuria,
learned counsel for the respondent.
2. This letters patent appeal preferred at the behest of the official appellants, witnesses a
challenge to the judgement and order dated 11.7.2002, passed by Writ Court in SWP no.
1792/2002.
3. The sole respondent herein has initiated the instant writ proceedings only on the ground
that since one R. M. Atul, writ petitioner in SWP no. 870/2000, got the relief by way of
decision rendered in judgement and order dated 8.4.2002 passed by learned Single Judge while
disposing of the said writ petition, whereby his seniority was restored back to position at Serial
number. 12, primarily relying on a communication dated 9.3.1998/1.4.1998, he, being the
respondent herein (writ petitioner in the instant petition, SWP no. 1792/2002), claims that he
being senior to R. M. Atul, also should get the same benefit of the judgment referred to above.
4. On consideration of his such prayer, writ petition no. 1792/2002 was disposed of on
11.7.2002, extending the same benefit to the petitioner with a direction to the official
respondents, the appellants herein, to consider the claim of the petitioner as regards his seniority
and to take decision within a period of three months from the date copy of order received.
5. Judgement and order dated 8.4.2002 passed by the Writ Court in SWP no. 870/2000,
as mentioned above, has been assailed before this Court through LPA (S) no. 469/2002 by the
official respondents as the appellants. This Court vide order dated 4.8.2010, has allowed the
letters patent appeal and set aside the impugned judgement and order.
Since this appeal is an offshoot of the writ petition being SWP no. 870/2000 and relief was also
granted to the respondent herein in terms of the directions given in the said writ petition, i.e.,
SWP no. 870/2000, we find that impugned judgment and order deserves interference in the
light of the decision rendered in LPA(S) no. 469/2002 on 4.8.2010, and, accordingly, the appeal
stands allowed. Impugned judgment and order stands set aside.
(Hakim Imtiyaz Hussain) (Dr. Aftab H. Saikia)
Judge Chief Justice
Jammu:
04.08.2010
Tilak, Secy.