TRILOCHAN NATH Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner is presently working as Tehsil Supply Officer in the Food and Supply Department. He was initially appointed as a daily wager in the Department of Food and Supplies. His services were regularized vide Govt. Order No. 336 -FST of 1971 dated 23.8.1971 w.e.f 26.3.1971. Thereafter against the available vacancy he was appointed as Junior Assistant in the pay scale of Rs. 70 -135vide Govt. Order No. 10714 -21/G dated 9.10.1971, which order was passed in pursuance of the Govt. Order No. 335/FST of 1971 dated 23.8.1971 w.e.f 26.3.1971 and this way the date of appointment of the petitioner as Junior Assistant was 23.8.1971. Thereafter vide SRO No. 149 dated 7.4.1973 revision of the grades of the various employees was effected and the petitioner came into the grade of Rs. 200 -320 w.e.f 1.7.1972. Thus petitioner entered the grade of Rs. 200 -320 w.e.f 1.7.1972.

(2.) RESPONDENT No. 3 Sat Pal Sharma, was appointed as Junior Assistant in the pay scale of Rs. 75 -150 vide Director Food and Supplies Jammus order issued under endorsement No. 7426 -3119 dated 29.9.1972. The said grade i.e Rs. 75 -150 was also revised to the new grade i.e Rs. 200 -320 by SRO No. 149 dated 7.4.1973, where under both the grades i.e Rs. 70 -135 and Rs. 75 -150 held by the Junior Assistants were clubbed in the same pay scale of Rs. 200 -320. Director Food and Supplies Jammu vide his letter No. 4925/G dated 28.8.1976 issued a tentative seniority list of Storekeepers, Assistant Store -Keeper, and Junior Assistants working in the pay scale of Rs. 200 -320 was circulated among the concerned officials in which petitioner was shown at serial No. 78 where as name of the respondent No. 3 did not figure in this seniority list. The petitioner made a representation and claimed that he should have been assigned a higher place higher than the private respondents. Then the Director Food and Supplies, Jammu issued a seniority list in which one Bhajan Singh was reflected at serial No. 55, name of petitioner came to be reflected at serial No. 104 where as respondent No. 3 Sat Pal Sharma was shown at serial No. 111. Respondent No. 3 SatPal Sharma represented against the Final seniority list on the ground that he was appointed as Junior Assistant in September 1972 in the higher grade of Rs. 75 -150 as compared to Bhajan Singh and the petitioner Trilochan Nath who had appointed in the lower grade of Rs. 70 -135. The Administrative department after examining the representation of respondent No. 3 vide letter No. FK 981 -E dated 14.8.1991 held that respondent No. 3 Satpal Sharma should figure senior to Bhajan Singh as well as Trilochan Nath as he was holding higher scale at the time of his appointment and accordingly the Director Food and Supplies Jammu changed his seniority No. 111 to 31 -A in the final seniority list vide letter dated 22.3.1983. RespondentNo. 3 Satpal Sharma was subsequently promoted as Senior Assistant vide Director Food and Supplies Jammus Order No. 179 -FST of 1983 dated 16.9.1983. Aggrieved by the alteration of the seniority, petitioner along with said Bhajan Singh filed writ petitions No. 683/1983 and 745/1983 challenging the revised seniority position of respondent No. 3 Satpal Sharma and his promotion to the post of Senior Assistant. The writ petition No. 683 of 1983 filed by the petitioner was disposed of by the Learned Single Judge of this Court by his order dated 9.12.1988 in the following terms:

(3.) WHEN the order of the Court was not complied with the petitioner filed a contempt petition in this court, which came to disposed of by a Learned Single Judge of this Court vide his order -dated 18.9.1991, with the following directions: