AB RASHID MIR Vs. STATE

JUDGEMENT

(1.) PETITIONER by means of this petition seeks issuance of writ of certiorari to quash order No. PFC/83/2002 dated: 21.11.2002 whereby final seniority list of Junior Assistants of the Provident Fund Department, Kashmir Division, has been issued as on 1.11.2002. Petitioner and the respondents 5 and 6 were appointed as Junior Assistants, on the recommendation of the Recruitment Board, by the Provident Fund Commissioner.

(2.) RESPONDENTS framed and circulated the seniority list as on 8.10.1986 of the subordinate staff. In this seniority list, petitioner figured at S. No. 57 whereas respondent No. 5 and 6 at S. No. 12 and 68 respectively. The respondents issued another seniority list of the Divisional cadre (Kashmir Division) as on 31.3.2002 wherein the petitioner appeared at S. No. 2 and respondents 5 and 6 at S. No. 33 and 31 respectively. Final seniority list was issued on 21.11.2002 which has been impugned in this petition The petitioner has been shown at S. No. 39 whereas respondents 5 and 6 have been shown at S. No. 37 and 35 respectively. Petitioner has been lowered in seniority position and shown junior to respondents 5 and 6 as he was is earlier shown above to the respondents 5 and 6. Aggrieved of this position in the seniority list, petitioner seeks relief prayed for.

(3.) HEARD learned counsel for the parties and perused the record.