GHULAM NABI BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONERS in this writ petition are seeking a writ in the nature of Mandamus, directing the respondents to declare the members of the Jammu and Kashmir Private Secretaries to Heads of Department (Gazetted) Service as a feeding cadre for the Jammu and Kashmir Administrative Service' and for Working out their quota for induction into Kashmir Administrative Service (for short 'KAS'). The Petitioners further seek a direction to the respondents to treat them as part of Jammu and Kashmir Secretariat (Gazetted) Service till the time they are inducted into Kashmir Administrative. Service in the same manner as the Senior Scale Stenographers (Grade -I) of Jammu and Kashmir Secretariat (Gazetted) Service and Administrative Officers were inducted into the aforesaid Service.

(2.) THE petitioners and the pro -forma respondents 3, 4 and 5 were appointed as Junior Stenographers in the State Service and, subsequently, they were promoted on different dates as Senior Scale Stenographers. On 22.5.1984, the Jammu and Kashmir General Administra -tion Department issued a Tentative Seniority List of the Senior scale Stenographers wherein the petitioners 1 to 3 figure at S.Nos. 21, 24 and 34 respectively and the pro -forma - respondents 3, 4 and 5 figure at S.Nos. 26, 30 and 55 respectively. The Tentative Seniority List further indicates that the petitioners 1, 2 and 3 were promoted as Senior scale Stenographers on 22.5.1969, 19.9.1970 and 1.3.1974 respectively whereas proforma respondents 3, 4 and 5 are shown to have been promoted to the said post on 01 -12 -1971, 23 -12 -1972 and 24 -07 -1982 respectively. Vide SRO 266 dated 13th May, 1978, the Jammu and Kashmir Secretariat (Gazetted) Service Recruitment Rules, 1976 were framed by the Government. Rule 5 of the aforesaid Rules, dealing with the Strength and composition of the Service, envisaged that the authorised permanent and temporary strength of the cadre and the nature of the posts included therein shall be determined by the Government from time to time and, at the initial constitution of the service under the Rules, shall be as specified in Schedule 'A' appended to the said Rules (for short 'Secretariat Gazetted Service Rules') . Under Schedule 'A', the following posts constituted the temporary strength of the Service;

(3.) THE Rules did not prescribe any ratio between the Superintendents and the Senior Scale Stenographers for purposes filling up of these posts to the extent of 50%. The Government, however, subsequently, in terms of its order No. 152 -GD of 1978 dated 8th April, 1978, provided that the ratio between the Superintendents and the Senior Scale Stenographers shall be 60 : 40. Vide SRO 227 dated 24th June, 1985, Schedule 'B' appended to the Secretariat Gazetted Service Rules, 1978 was amended by the Government, By Virtue of this amendment, while, maintaining that 50% posts at the Under Secretaries level and posts equivalent thereto shall be filled up from amongst Section officers (earlier designated as Superintendents) with five years experience and Senior Scale Stenographers /PAS with ten years experience, an explanation thereto to the following effect was appended: