ANJU TULI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) It is contended that in the year 2001, petitioner was posted as Postal Assistant in Jammu Division. After establishment of office of Director Accounts (Postal) at Jammu, options were invited from the Postal Assistants working in different Divisions of the Department of Posts in the State of Jammu and Kashmir. Accordingly, the petitioner gave her option and being found suitable and meritorious was absorbed in the office of Director Accounts (Postal) at Jammu and in terms of order dated 15.01.2001, her services were directed to be utilized in the office of Director Accounts (Postal), Jammu. The present writ petition has been filed by the petitioner seeking quashment of Order/Memo No. Admn/PAO-JT/l-84/Tr-136 dated 18 01 2007 to the extent it pertains to petitioner and respondents 4 and 5 pursuant to which said respondents have alleged to have been shown absorbed in the office of Director Accounts (Postal) earlier than the petitioner. It is contended that respondent No. 4 did not belong to State of Jammu and Kashmir as she belongs to State of Himachal Pradesh wherefrom she came to be appointed. Respondent No. 4 came to the State of Jammu and Kashmir on deputation in terms of Para-38 of Postal Manual Vol. IV, therefore, she was required to be figured at the tail end of the impugned order in the State of Jammu and Kashmir in the grade/cadre of Postal Assistants. Perusal of order to which respondent No. 4 came to be shifted from Himachal Pradesh to the State of Jammu and Kashmir in unequivocal terms provides that respondent No. 4 had been sent on deputation alone and had not been adjusted in any of the postal divisions of the Department of Posts in the State of Jammu and Kashmir. It is further contended that respondent No. 4 was never transferred to the State of Jammu and Kashmir, therefore, she is not entitled to be absorbed in the office of Director Accounts (Postal), Jammu as she is not the employee of any of the postal divisions of the State of Jammu and Kashmir.

(2.) In so far as respondent No. 5 is concerned, she came to be attached in the office of Director Accounts (Postal) and joined her duties in the said office on 20.06.2001. It is contended that respondent No. 5 even otherwise also cannot be placed senior to the petitioner in the grade/cadre of Junior Accountants. The seniority list in respect of Postal Assistants has been issued wherein the petitioner figured at S. No. 180 and respondent No. 5 at S. No. 230. Hence, instant writ petition on the grounds taken in it.

(3.) Respondents 1 to 3 have filed objections and refuted the allegations as projected in the writ petition.