MOHAN KRISHNA WAZIR Vs. STATEOFJANDKANDOTHERS

JUDGEMENT

(1.) These two writ petitions under Art. 32 of the Constitution concern with the inter se seniority of the petitioners and some of the respondents.

(2.) On June 30, 1955, the petitioner in writ petition (civil) No. 82 of 1980 who was a Graduate in Electrical Engineering was appointed as Shift Engineer in the Irrigation Department. On June 14, 1956, the State Government issued an order No. 142-C of 1956 providing inter alia that the appointment of Engineering Graduates in the three branches of the Public Works Department, that is roads and buildings, irrigation and electric will be made as Assistant Engineers and that the person so appointed will be put on probation for two Years. The order also directed that the service rendered by Engineering Graduates in the capacity as Supervisors will count towards the probationary period on their appointment as Assistant Engineers. On February 24, 1956, the petitioner joined as Assistant Engineer. He accordingly got the benefit of his antecedent service and there was a declaration to the effect that he had completed the period of probation with effect from July 1, 1957. The State Government intimated this fact to the Accountant General Srinagar under letter dated December 18, 1957. Consequently his salary was fixed in the cadre of Assistant Engineers with effect from July 1, 1957. He was later appointed as Electrical Engineer with a declaration as quasi-permanent.

(3.) In the seniority list of Assistant Electrical Engineers, the petitioner in writ petition No. 771 of 1980 was ranked at Serial No. 10. The former was always considered as senior to the latter and there is no dispute as between themselves. All the respondents were ranked below them. A. H. Mattoo, respondent No. 2 was ranked at serial No. 20. These rankings have been maintained even in the subsequent seniority list prepared in the cadre of Executive Engineers.