IRAM LONE Vs. UT OF JK

JUDGEMENT

(1.) The present writ petition has been filed against the judgment and order dtd. 11/1/2023 passed by the Central Administrative Tribunal, Srinagar Bench in TA no. 1028/2021 titled Yasir Faiz Jan and Ors. V. State of J&K and Ors.

(2.) The case, in brief, is that the petitioners and the applicants/private respondents herein were appointed as Assistant Engineers (Civil) vide Government Order No. 419 PW(R&B) of 2007 dtd. 31/12/2007. Subsequently, vide Government Order No. 50-PW(Hyd) of 2008 dtd. 1/2/2008 sanction was accorded for allotment of R&B and Hydraulic Wings as per procedure in vogue of 1:1 ratio. Accordingly, 55 Assistant Engineers were allotted R&B and rest were allotted Hydraulic Wing. Subsequently, 22 Assistant Engineers changed the wing from Hydraulic to R&B vide Government Order No. 181- PW(HYD) of 2008 dtd. 7/4/2008. A writ petition bearing SWP no. 886 of 2010 was filed by 22 candidates who were allotted R&B wing in terms of Government Order dtd. 7/4/2008. The said writ petition has been disposed of vide Order dtd. 17/9/2015 with a direction to the respondents to frame the seniority list of the class of Officers, to which the petitioners belong, in accordance with the applicable rules and notify the same after hearing all concerned. The said exercise was directed to be done within a period of two months from the date copy of the order was served upon the respondents. The Official respondents, in the meantime, had published the tentative seniority list on 8/4/2011 of Assistant Engineers, R&B (Civil) appointed in the year 2007. In the said tentative seniority list, 22 Assistant Engineers who had filed SWP no. 886/2010 were placed after the first lot of 55 Assistant Engineers allotted to R&B Wing in pursuance to Rule 11 of the Jammu and Kashmir Engineering (Gazetted) Recruitment Rules, 1979. It is submitted that as per Rule 11, in the event of transfer from one wing to another, seniority shall be protected only if the member has been transferred in the public interest, otherwise the member shall be placed at the bottom of the seniority list of the class to which he is transferred to.

(3.) Thereafter, the Government, in the interest of administration, relying upon the tentative seniority list, notified on 8/3/2011, made placement of Assistant Engineers as Incharge Assistant Executive Engineers. According to the action of the official respondents, the private respondent nos. 5 to 13 herein filed a writ petition bearing SWP no. 50 of 2019 seeking a direction to regularise them as Assistant Executive Engineers and also sought a direction to issue a final seniority list by showing them at an appropriate place in the seniority list in order of merit obtained in the selection process issued vide Government Order dtd. 31/12/2007. Subsequently, the said writ petition has been transferred to the Central Administrative Tribunal Srinagar Bench and registered as TA no. 1028/2021.