ANIL KUMAR Vs. STATE OF J & K

JUDGEMENT

(1.) The petitioners are the permanent employee of the State of Jammu and Kashmir and borne on the permanent establishment of J&K Funds Organisation of Jammu Division, (in short to be referred as Organisation). They alongwith respondents 4 to 28 had been working as Compilers in the said Organisation. Vide Government Order No. DF/Adm/87 of 1991 dated 30.11.1991 and Order No. DF/Adm/98 of 1991 dated 16.12.1991, they were appointed as Incharge Senior Compilers alongwith respondents 4 to 27 in their own pay and grade. Vide Government Order No. DF/Adm/08 of 1996 dated 5.8.1996, sanction was accorded to the promotion and release of grade of Rs. 1400-40-1600-50- 2300-EB-60-2600 in favour of such of the Compilers, who were adjusted as Incharge Senior Compilers in their own pay and grade vide Government Order No. 78 of 1991 dated 11.11.1991 with effect from the 1st day of the month in which they qualified the Departmental Examination. This was done on the recommendation of the Departmental Promotion Committee, which held its meeting on 16.4.1996. Vide Annexure-F (No. DF/Adm/Seniority/1476-1500 dated 1.7.1997). Tentative seniority list of J&K Subordinate Unfunded Debt Services Class II in the scale of Rs. 1400-2600 as it stood on 30.6.1997, was prepared and date of posting in the grade of Senior Compilers (Rs. 1400-2600) was shown from the year 1991 in favour of the petitioners as well as respondents 4 to 27. Respondents 4 to 27 have been shown senior to the petitioners.

(2.) The case of the petitioners in brief is that neither the petitioner nor respondents 4 to 27 were eligible to hold the post of Senior Compilers in the year 1991, because they could become eligible to hold the post only after passing the Departmental Examination in accordance with the relevant rules. The petitioners passed the requisite Departmental Examination in the month of April, 1993, whereas, respondents 4 to 25 passed that examination in the month of April, 1994 and respondents 26 and 27 passed the said examination in the month of May, 1995. In para 11 of the above said Tentative Seniority List, it is provided that objections could be filed in respect of their seniority within a period of one month from the date of its issuance and later than 2.8.1997 upto 4 p.m. This seniority list though has been termed as "Tentative Seniority List", yet in fact it has been given the treatment of permanent seniority list. Respondents 5, 6, 7, 8, 9, 10, 11 and 26 have been promoted as Examiners on the basis of this seniority list though in their own pay and grade.

(3.) The petitioners have prayed for the relief of issuance of writ of certiorari to quash the seniority list of Senior Compilers issued vide order No. DF/Admn/Seniority/1476-500 dated 1.7.1997 as it pertained to the petitioners vis-a-vis respondents 4 to 27 and to issue a writ of mandamus commanding respondents 1 to 3 to prepare and issue final seniority list of Senior Compilers of Jammu Division according to the rules and depict them senior to respondents 4 to 27. Respondents 1 to 3 may be restrained from making any promotion even on stop-gap arrangement to the post of Examiner till the final disposal of the petition.