ANITA SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners and private respondents 6 to 49 in SWP No. 3065/2010 and respondents 6 to 62 in SWP No. 1620/2008 are members of Jammu and Kashmir Police (Gazetted) Service. The dispute involved in the petitions relates to inter se seniority of the petitioners and private respondents. The petitioners are direct recruits, whereas the private respondents have risen from the ranks.

(2.) The Jammu and Kashmir Public Service Commission vide notification No. 161 dated 17th February, 1995 invited applications from eligible candidates for direct recruitment to different Gazetted Service including Jammu and Kashmir Police (Gazetted) Service. The petitioners responded to the notification and appeared in the Combined Competitive Examination held by the Commission. On completion of the selection process the Commission recommended 78 candidates including the present petitioners for their appointment as Deputy Superintendents of Police. The State Government, accordingly, vide Government Order No. 78-GAD of 1999 dated 12th July, 1999 appointed the recommended candidates and brought them on Jammu and Kashmir Police (Gazetted) Service constituted in the year 1977 under the Jammu and Kashmir Police (Gazetted) Service Rules, 1977.

(3.) The private respondents were recruited as Sub Inspectors of Police (Executive) on 25th April, 1979. The State Government vide PHQ order No. 1263 of 1985 dated 3rd December, 1985 directed promotion of Assistant Sub - Inspectors of Police to the rank of Sub-Inspector of Police (Executive) retrospectively with effect from 25th April, 1978 i.e. from the date the promotees were brought on the Promotion list-"E". The aforementioned Government Order in effect made the respondents junior to the promotees Assistant Sub Inspectors, inasmuch as their seniority was in terms of the said order to be recommended with effect from 25th April, 1978. The respondents assailed the PHQ order No. 1263 of 1985 dated 3rd December, 1985 in the writ petitions registered as SWP No. 1208/86 and SWP No. 3586/1997. The writ Court vide judgment dated 29th November, 2004 quashed the order impugned in the petition and directed the official respondent to place the petitioners (private respondents in the present writ petitions) ahead of promotee Sub Inspectors in the seniority list. The Division Bench on 27th July, 2005 set aside the writ order dated 29th November, 2004 in the appeals registered as LPAs No. 164/2004, 6/2005, 19/2005 and 20/2005. The Division Bench judgment dated 27th July, 2005 was challenged in a batch of Special Leave Petitions (SLP) Civil Nos. 23347 - 23350/2005 and 5632 - 35/2007). The Apex Court set aside the Division Bench Judgment dated 27th July, 2005. Resultantly, the writ Court judgment dated 29th November, 2004, whereunder the respondents -- State was directed to place the private respondents ahead of the promotees in the seniority list of the Sub Inspectors, was restored and required to be implemented. However, in terms of the Apex Court judgment, monetary benefits, if any, conferred on the promotees Sub Inspectors inconsequence of their retrospective promotion as Sub Inspectors with effect from 25th April, 1978 was not to be recovered.