MUSHTAQ AHMAD Vs. STATE OF J&K

JUDGEMENT

(1.) A short controversy is involved in this petition about the interse seniority of the petitioner qua the respondents 3 to 5. For this very reason, as agreed to by the learned counsel for the parties, this petition is to be decided at its admission stage itself. The contesting respondents 1, 2 and 4 have filed their counter affidavits. The respondents 3 & 5 did not appear despite service and were therefore set exparte. The respondent No. 6, (Public service commission. though a proforma party, has also filed its reply.

(2.) THE petitionerâ„¢s case is that on the recommendation of the Public Service Commission, he, alongwith respondents 2 & 5 were appointed as Assistant Engineers on 3.11.1961, by the Govt. of J&K under order No. 243 -c of 1961, and he was shown senior to the said respondents. The respondent No. 4, was also appointed by the same order but only as a probationary Assistant Engineer. The lst seniority list of the Hydraulic wing of works & power Department was circulated on 21.7.1964 under order No. 1 -186/64, and he was shown, senior to the answering respondents. In the seniority list issued in 1968 he was again, shown senior to the said respondents. However, in 1970 another seniority list was issued which contained a note that the seniority of the petitioner and the said respondents was only tentative one, and could be finalised after examining the marks certificates of the final B. E. examinations of the concerned. In the said list also, however, he was shown senior to the said respondents. After the marks certificates in question were produced by all concerned, the interse seniority of the petitioner and the answering respondents was altered on the basis of academic merit in the B. E. final examination, and he was shown junior to them, in the list issued on 28.4.1972 under order No. 1 -178/68 (1.. He made a representation against the said order but it proved of no avail. According to him he made about a dozen of such representations but without any response. Later on the petitioner as also the answering respondents were promoted as Executive Engineers simultaneously on 7.10.1972.

(3.) THE petitioner has last of all made the following prayers in his petition, filed 01 27.11.1990: -