R K GUPTA Vs. STATE OF J&K

JUDGEMENT

(1.) LEGALITY of Govt. Order No : 33 -HUD/LSG/J of 2000 dated 9.3.2000 fixing seniority of Executive Officers of Local Bodies in the pay scale of (2000 -3500 Pre -revised) has been questioned in this petition. Petitioner and respondents 4 to 7 are presently working as Executive Officers in different Notified Area Committees and born on the cadre of Local Bodies.

(2.) IT is alleged that petitioner was appointed as Legal Advisor in pay scale of Rs. 900 -1460 (Revised 2000 -3500) w.e.f 11.2.1986 in Kathua Town Area Committee. He cleared efficiency bar w.e.f. 1.1.1993 in that pay scale. Subsequently two posts of Legal Advisors in pay scale (2000 -3500) were re -designated as Executive Officers vide Govt. Order No: 83 -HUD/LSO of 1994 dated 24.3.1994. Petitioner along with one Abdul Hafiz Sheikh came to be redesignated in terms of this order. As far respondents are concerned, respondent -3 came to be promoted as Food Inspector on 2.5.1975 and subsequently adjusted as Executive Officer vide Govt. Order No: 285 -HUD/LSG of 1987 dated 10.9.1987 in pay scale (900 -1460). Respondent -4 came to be promoted as Legal Advisor in pay scale of Rs 900 -1460/ - from the post of legal Assistant vide Govt. Order No: 10 -HUD of 1987 dated 12.01.1987 and subsequently adjusted as Executive Officer in his own pay and grade vide Govt. Order No: 5 -HUD/LSG of 89 dated 4.1.1989 till post is filled up on regular basis. Respondent -5 came to be appointed as Secretary on 17.7.1978 in pay scale of Rs 280 -520 and vide Govt. Order No: 83 -HUD/LSO of 94 dated 21.3.1994, he came to be adjusted as Executive Officer.

(3.) RESPONDENTS -6 and 7 also came to be posted as Executive Officers on adhoc basis. Final seniority list of Executive Officers (Local Bodies) came to be issued vide Govt. Order No: 33 -HUD/LSG/J of 2000 dated 9.3.2000 after inviting objections from concerned to tentative seniority list earlier issued in the year 1998. In this seniority list, petitioner was at serial No: 10 whereas respondents -3 to 7 figured at serial Nos: 4, 8 9, 5 & 6 respectively. Main ground for challenging seniority position of private respondents is that petitioner was appointed as Legal Advisor in pay scale (2000 -3500) on 11.2.1986. Post of Executive Officer also carried same pay scale (Revised 6700 -10900). On 21.3.1994, two posts of Legal Advisors were re -designated. Petitioner on being re -designated was posted as Executive Officer in pay scale of Rs 6700 -10900 which scale was held by him when he was Legal Advisor. It is accordingly contended that private respondents, who were appointed as Legal Advisors latter in time than petitioner, should have ranked junior to him as petitioners seniority has to be reckoned from 11.2.1986 and thus impugned seniority list showing seniority position of private respondents over and above petitioner is liable to be quashed.