The High Court dismissed a writ petition challenging a promotion order wherein the petitioner, a senior physician, challenged the promotion of a junior officer. The court held that the petition was not maintainable as the petitioner must have retired by superannuation age.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Serial No. 33 Suppl. 2
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SWP No. 410/2017 (O&M)
Dr. Wajid Ali Najar S/o Abdul Gani Najar …Petitioner(s)
Through:- None
v/s
State of Jammu and Kashmir ….Respondent(s)
Through:- None
Coram: HON’BLE MR. JUSTICE RAJESH BINDAL, JUDGE ORDER
The petitioner was 59 years of age when the present petition was filed in the year 2017. He had challenged order dated 17.02.2017 whereby the respondent No. 3 being junior to the petitioner was promoted and posted as Chief Medical Officer, Kishtwar under the guise of transfer order by ignoring the seniority of the petitioner.
Considering the fact that the petitioner by now must have retired after attaining the age of superannuation, nothing survives in the present petition at this stage, and the same is, accordingly, dismissed.
(RAJESH BINDAL) JUDGE
Jammu 10.06.2020 SUNIL-I
Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No
SUNIL KUMAR 2020.06.29 13:38 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether a petition challenging a junior promotion before attaining superannuation age survives when the petitioner is de facto retired.
Dr. Wajid Ali Najar
State of Jammu and Kashmir
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
