MOHD AMIN LALA Vs. STATE

JUDGEMENT

(1.) S /Sh. Abdul Jabbar Lone and A.R. Kher, respondents 2&3, were promoted as Accounts Officers in officiating capacity for a period of six months vide Govt. Order No. 93 -F of 1970 dated 19.3.1970 and Govt. order No. I71 -F of 1970 dated 2.4.1970 respectively whereas other respondents 4 to 16 were promoted temporarily for a period of six months against direct recruits quota, as Assistant Accounts Officer vide Govt. order No. 264 -F of 1970 dated 1.6.1970 and respondents 17 to 25 on adhoc basis vide Govt. order No. 342 -F of 1972 dated 26.6.1972. Respondent No. 26, Shri Subash Chander Jandial was appointed vide Govt. order No. 716 -F of 1972 dated 8.12.1972 alongwith petitioners, as direct recruit. The Government has issued seniority list of Accounts Officers (Junior scale) under Govt. order No. CAF -Misc/49/1613 dated 7.7.1976 placing respondents 2 to 27 above petitioners and respondents 28 to 31 below them.

(2.) PETITIONERS are aggrieved of the said seniority list and, according to them, they made representations to the Government through Director Accounts & Treasuries requesting for modifying the said seniority list but nothing was done and instead respondents 2,3,5 6 7 & 27 have been promoted to senior scale of J&K Accounts service vide Govt. order No. 424 -F of 1978 dated 16.6.78.

(3.) PETITIONERS case is that Government orders No. 264 -F of 1970 and 392 -F of 1972 specifically provided that promotion of respondents 2 to 26 were being made against the posts reserved for direct recruitment quota and at that time the Government had already exhausted the quota meant for promotees. They having joined the service in 1972 as direct recruits, their appointments should be deemed to be against the quota meant for direct recruits on which adhoc appointments were made by the Government in the years 1970 and 1972 and in this manner their seniority vis -a -vis seniority of the promotees was to be governed by the provisions of Rule 240 of Classification, control and appeal rules and rule 30 of J&K Account Service Rules. Petitioners further case is that while their writ petition was pending disposal in the High Court the Government issued Govt. order No. 467 -F of 1980 dated 17.12.1980 whereby, in order to get out of the right corner in which it was placed, it relaxed rule 6 of Account Service (revised) rules 1972 and regularised the initial appointment of respondents which the Government had no power to do so. They have further averred in the petition that the Government by virtue of order No. 50 -F of 1975 dated 4.2.1975 sought to give retrospective effect to the appointment of respondents which was patently illegal and in gross violation of service rules. They have prayed for quashing abovesaid Government orders of the years 1975, 1978 and 1980 and also the seniority list and further for issuing direction to respondent No. 1 to prepare the seniority list in accordance with rules.