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Supreme Court of India 2021-01-18 allowed

Ashok Kumar and Ors. etc. etc vs State of Jammu and Kashmir & Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court considered appeals challenging the promotions of unqualified officers to the position of Head Assistants in the Jammu & Kashmir High Court. While the respondents lacked requisite qualifications when promoted, they subsequently acquired them after working in the role. The Court held that reversion was not warranted given their substantial tenure and acquired qualifications. However, their seniority must be calculated from the date they attained the prescribed qualifications while in the promoted post, combined with length of service, rather than from their promotion date. The appeals were allowed with these modified seniority arrangements and no costs awarded.

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