MAJID WANI Vs. STATE OF J AND K

JUDGEMENT

(1.) The Petitioner was vide Government Order No. 563-Agri of 1982 dated 25th June, 1982 appointed as Block Development Officer in the grade of Rs. 875-1400 on probation for a period of two years. The Respondent State soon after said appointment realized that it was made de hors rules and in violation of mandate of Section 133, Jammu and Kashmir Constitution. The Petitioner was accordingly discharged a little less than three months after his appointment vide Government Order No. 806 dated 8.09.1982. The order discharging the Petitioner was questioned in writ petition registered as SWP No. 470 of 1982. The writ petition was allowed vide judgment dated 18.11.1987 and the Government order No. 806 of 1982 dated 8.9.1982 quashed. The Petitioner after succeeding in the writ petition submitted a representation to the Respondents seeking his placement in the grade of Rs. 1000-1560 w.e.f. date of his initial appointment i.e. 25th June, 1982, grant of selection in his favour and also his induction in Jammu and Kashmir Administrative Service. The representation made did not find favour with the Respondents and the Petitioner filed another writ petition registered as SWP No. 1519/1988, reiterating the stand projected in the representation. The prayer made in the writ petition was three-fold. Firstly the Petitioner prayed that he be placed in the grade of Rs. 1000-1560 w.e.f. 25th June, 1982; secondly the Petitioner's prayer was that the Petitioner be awarded selection grade and also inducted into Kashmir Administrative Service; and the Petitioner last of all prayed that Government order No. 379-Agri of 1986 dated 23.09.1986, whereby the Respondents 4 to 22 were appointed and treated as senior to the Petitioner be quashed and the Petitioner declared senior to the Respondents 4 to 22 in the writ petition.

(2.) The Writ Court allowed the first prayer made by the Petitioner and directed the Respondents 1 to 3 ''to award grade of Rs. 1000-1560 to the Petitioner from the date of his substantive appointment.'' As regards other two relief's, the Writ Court was of the opinion that the relief's hinged on issuance of seniority list of the cadre by Respondents 1 to 3, and as seniority list was admittedly not issued, it was not possible to deal with prayer made by the Petitioner. The writ Court in the said background directed Respondents 1 to 3 ''to issue the seniority list in CD & NES department indicating the place of each officer of the cadre including the Petitioner from the date of their respective substantive appointments'' and also to give consequential benefits to the Petitioners as per the seniority. The Writ Court judgment was, though unsuccessfully questioned in Letters Patent Appeal No. 66/1992 before the High Court and thereafter in Special Leave Petition No. SLP (Civil) No. 10660/2003 before the Supreme Court, dismissed on 4.4.2003 and 14.7.2003 respectively.

(3.) The Respondents in compliance of Writ Court judgment dated 27th September, 1991, issued Government Order No 49-Agri of 1994 dated 29.11.1994, whereby the Respondents upgraded the post of BDO held by the Petitioner w.e.f. 25th June, 1982. The Respondents vide Government order No. 280-Agri of 1995 dated 30th June 1995, posted the Petitioner as District Panchayat Officer carrying status and responsibility higher to that of Block Development Officer.