ROHIT KHAJURIA Vs. STATE OF J. & K

JUDGEMENT

(1.) Petitioner seeks quashment of Government Order No. 1265-GAD of 2013 dated 04.09.2013, to the extent it provides for placing respondent No. 6-Sh. Farooq Ahmad in the Super Time Scale of KAS, on the ground of being junior to the petitioner. Further prays for commanding respondent Nos. 1 and 2 to recommend the name of the petitioner for induction into IAS. The question for determination is as to whether petitioner is senior and is it open for him to challenge the seniority of respondent No. 6.

(2.) On perusal of the respective pleadings of the parties, what emerges is that the petitioner has been appointed on ad hoc basis as Assistant Director, Handloom vide Order dated 26.04.1990 subject to clearance by the State Public Service Commission. On technical grounds, substantive appointment was not granted, as a result thereof, he has filed writ petition, SWP No. 570/1990, which was decided wherein he was found entitled to substantive appointment with effect from 26.04.1990 with a further observation that his seniority has not been properly fixed.

(3.) Vide Government Order No. 378-Ind of 1995 dated 27.11.1995, the seniority list was issued, wherein his name did not figure, whereas Sh. Farooq Ahmad Shah figured at S. No. 4. Aggrieved thereof, SWP No. 1362/1999 was filed which has been disposed of vide judgment dated 09.10.2006 with a direction to respondent No. 3 therein (Commissioner/Secretary to Government, Industries & Commerce Department, J & K, Civil Secretariat) to fix his seniority, vis-a-vis, Sh. Farooq Ahmad Shah. Once proper placement is fixed, he shall be entitled to all consequential benefits. Further, it has been directed that if the petitioner is found eligible and suitable, respondent No. 3 may consider recommending him for induction into KAS in accordance with rules. In compliance whereof, respondents have considered the case of the petitioner, which culminated into issuance of Government Order No. 200-Ind of 2010 dated 29.10.2010, wherein it has been concluded that Sh. Farooq Ahmad Shah has been appointed on 29.10.1987, whose seniority has been reckoned with effect from 29.10.1987 in the Handloom Development Department in terms of Government Order No. 269-Ind of 1993 dated 08.10.1993. The petitioner has been appointed on 26.04.1990, as such, has been placed appropriately in the seniority list. The petitioner has been considered for induction into KAS and stand inducted vide Government Order No. 1265-GAD of 2008 dated 25.09.2008. The seniority does not merit any modification.