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Judgment
The writ petition has been filed for the following relief(s):
By issuance of writ of mandamus, the respondents be directed to consider and promote the petitioner on the vacant post of Head
Assistant in the department in terms of the rules in vogue in the department in his quota from retrospectively with consequential
benefits as same s hall be interest of justice and equity.
The petitioner claims that he is presently working as Senior Assistant in the Jammu and Kashmir Handloom Development Department. He states
that he is figuring at S. No. 1 in the seniority list of Senior Assistants and is, as such, entitled to be promoted to the next higher post i.e. Head
Assistant, which is lying vacant in the respondent Department. The petitioner further states that in view of vacancy in the post of Head Assistant his
claim needs to be considered in terms of SRO 164 of 1993, J&K Handloom Development (Subordinate) Service Recruitment Rules, and SRO
272 of 2008 dated 19th September, 2008. It is pleaded by the petitioner that he has given a representation in this regard before the Director,
Handloom Development Department- Respondent No.2 herein dated 4th May, 2017, however, no action in respect thereto has been taken till
date, constraining the petitioner to file the instant writ petition.
Mr. R.A. Khan, learned AAG, states that the authority will go into the claim of the petitioner and decide the same on merits as also keeping in
mind the relevant provisions of the rules applicable to the claim of the petitioner for his promotion to the next higher post.
Keeping in view the nature of controversy involved as also the statement made by learned AAG, this writ petition is admitted to hearing and is
disposed of with a direction to Respondent No.2 to consider and decide the representation of the petitioner dated 4th May, 2017 (already filed
before him), with regard to the claim of the petitioner for promotion to the next higher post in the hierarchy on its own merits within a reasonable
period of time, preferably within a period twelve weeks from the date of receipt of copy of this order.
With the aforementioned directions, writ petition along with connected MP(s) stands disposed of.