LAWS(J&K)-2005-11-37

MANAGING DIRECTOR, J&K SFC Vs. SURINDER SINGH JAMWAL

Decided On November 18, 2005
Managing Director, JAndK Sfc Appellant
V/S
Surinder Singh Jamwal Respondents

JUDGEMENT

(1.) FIVE of these eleven appeals have been filed by J&K State Forest Corporation and six by private respondents. All the appeals involve common questions of fact and law, raise a dispute about fixation of seniority in the category of Deputy Manager (Divisional) of the Corporation and are being disposed of by this common judgment.

(2.) THE issue that falls for consideration and determination is whether the seniority was to be fixed in terms of rule 15 of the J&K State Forest Corporation Rules, 1981 (for short Corporation Rulesâ„¢) on the basis of the merit obtained by the contenders in the DDR (Rangers Training Course) or on the basis of the merit secured by them at the interview by the selection committee for appointment to the post of Deputy Manager (Divisional) or on the basis of their seniority in their lower grades?

(3.) THREE writ petitions, SWP no.742/1992, SWP no.790/1992 and SWP no.718/1992, were filed in this Court by three writ petitioners - Surrinder Singh Jamwal, Ashok Kumar Koul and Liaqat Ali Dar - all working as Deputy Managers (Divisional) in the J&K State Forest Corporation (briefly Ëœthe Corporation). All these petitions were directed against the final seniority list of Deputy Managers (Divisional) dated 11th July, 1992, issued by the Corporation, allegedly altering the seniority position of the petitioners vis ƒ   -vis private respondents in those writ petitions and the consequential promotion of these private respondents to the post of Divisional Manager by order dated 17th July, 1992.