LAWS(J&K)-2013-11-56

TANVEER IQBAL AND OTHERS Vs. STATE AND OTHERS

Decided On November 08, 2013
TANVEER IQBAL And ORS Appellant
V/S
State And Ors Respondents

JUDGEMENT

(1.) Swp No. S-1450/2011 and SWP No. 1740/2011 though were heard and reserved separately, but, as the controversy involved and the question of facts and law raised in both the petitions are almost similar to those, which were heard and reserved earlier, therefore, I deem it proper to dispose of both the petitions together with other clubbed matters.

(2.) Despite several authoritative pronouncements of Hon'ble Supreme Court, dispute with regard to fixation of seniority between direct recruits and promotees still seems to have refused to die down. Several cases seeking adjudication of such disputes between promotees and direct recruits to various Civil Services continue to pour-in at various Courts of the country. Somewhat similar situation prevails in the State of Jammu and Kashmir also.

(3.) The instant batch of writ petitions also presents for adjudication of somewhat similar controversy, though it has arisen in the context of different setup of circumstances. The dispute with regard to seniority raised in these petitions is exactly not between direct recruits and promotees to Jammu and Kashmir Administrative Services, but, it is with regard to the mode and manner in which the seniority between the members of different departmental feeding services inducted to Jammu and Kashmir Administrative Services (hereinafter for short, KAS) has been made. The issues raised in these petitions are common, and impugned in all these petitions is the final Seniority List of KAS issued by the Government vide Order No. 743-GAD of 2011 dated 24.06.2011, as such, all these petitions, which have already been clubbed and heard together, are being disposed of by this common judgment.