ARVIND SHARMA AND OTHERS Vs. STATE AND OTHERS

JUDGEMENT

(1.) Petitioners and respondents 3 to 16 are 2003 Batch Judicial Officers. They, responded under their respective categories, to the Advertisement Notice No. PSC/Ex-2001/64 dated 04.12.2001, issued by J.& K. State Public Service Commission, inviting applications from the eligible candidates for posts of Munsiffs in the grade of Rs. 8000-12950. They and other aspirants for advertised posts participated in the selection process and on the strength of merit secured, found placed in the select list issued by the J.& K. Public Service Commission. The merit position of petitioners, private respondents as also of other candidates as per the Merit List/select list issued by the Commission (Annexure (A) to the writ petition, was as under: <FRM>JUDGEMENT_3_LAWS(J&K)11_2015.html</FRM>

(2.) J.& K. Public Service Commission vide PSC/Ex-2002/KCS (Judicial) dated 09.05.2003 forwarded the list of selected candidates to respondents 1 and 2. The respondent No. 2 on receipt of the select list recommended appointment of selected candidates as Munsiffs in the pay scale of Rs. 8000-12950 in the Subordinate Judiciary. The selected candidates on their appointment ordered vide Government Order No. 1815-LD (A) of 2003 dated 06.08.2003 became members of J.& K. Civil Services (Judicial).

(3.) The High Court of J.& K. through its Registrar General - respondent No. 2 herein, issued Gradation List on 01.06.2010 wherein the private respondents though below petitioners in the order of merit notified earlier (Annexure A), were shown at a higher place and therefore, senior to the petitioners. Private respondents were allowed a jump in seniority position by 2 to 30 steps in the Gradation List. Resultantly, seniority of selected candidates below S. No. 3 was adversely affected by their placement in Gradation List after their colleagues with lower merit.