VINOD KUMAR BHAGAT AND ORS versus STATE OF JAMMU & KASHMIR AND ORS

VINOD KUMAR BHAGAT AND ORS versus STATE OF JAMMU & KASHMIR AND ORS

The High Court's reliance on the ratio in Ashok Kumar Sharma was unnecessary because that ground was not urged before it; consequently the impugned judgment and order of the High Court dated 27 November 2015 was set aside and the writ petition was restored to the High Court for fresh decision on the core issue of whether the gradation list and promotions could be founded on roster points under Rule 5.

Parties
Appellants: Vinod Kumar Bhagat and Ors; Respondents: State of Jammu & Kashmir and Ors
Jurisdiction
India
Judgment Date
17 November 2021
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment; Writ Petition Restored to the High Court for Fresh Decision
Outcome
Impugned judgment and order of the High Court dated 27 November 2015 set aside; writ petition restored to the High Court for fresh decision; consequential directions held in abeyance pending High Court decision
Legal Topics
Seniority, Reservation in Promotion, Gradation List, Promotion, Inter Se Seniority
Service Law Constitutional Law Administrative Law Seniority Reservation in Promotion Gradation List Promotion Inter Se Seniority

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Parties

Vinod Kumar Bhagat and Ors

Appellants

State of Jammu & Kashmir and Ors

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment; Writ Petition Restored to the High Court for Fresh Decision

Legal Issues

  1. 1 Whether Rule 5 of the Jammu and Kashmir Reservation Rules, 2005 applies to determination of inter se seniority for promotions or only to direct recruitment
  2. 2 Whether the gradation list prepared by applying the roster (Rule 5) is valid for determining seniority and promotions
  3. 3 Whether the High Court erred in relying on the decision in Ashok Kumar Sharma when that ground was not urged before it

Ratio Decidendi

The High Court's reliance on the ratio in Ashok Kumar Sharma was unnecessary because that ground was not urged before it; consequently the impugned judgment and order of the High Court dated 27 November 2015 was set aside and the writ petition was restored to the High Court for fresh decision on the core issue of whether the gradation list and promotions could be founded on roster points under Rule 5.

Court Disposition

Impugned judgment and order of the High Court dated 27 November 2015 set aside; writ petition restored to the High Court for fresh decision; consequential directions held in abeyance pending High Court decision

Orders

  • Impugned judgment and order of the High Court dated 27 November 2015 set aside
  • Writ petition restored to the file of the High Court for fresh decision