N D GUPTA Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners herein have filed this Writ Petition for quashing Govt. Order No. 25 -ASH of - 1980 dated 30 -7 -80 and Seniority list issued by Government vide No. FST/AH/209 -A/73 dated 20 -12 -1973 and for issuance of a direction to respondent No. 1 that while making promotions, rule 24 of the J&K Civil Services (Classification, Control and Appeal) Rules, 1955 -hereinafter referred to as 1956 Rules, be followed and to prepare a fresh seniority list allocating the petitioners, their proper positions in accordance with the above said rules. The contention of the petitioners is that they were recruited directly as Asstt. Veterinary Surgeons Vide Govt. Order No. 55 -VD of 1961 dated 15 -7 -1961 while respondents 2 to 6 were appointed as Asstt. Verterinary surgeons vide Director, Animal Husbandrys No: 2 -6 -10773 -77 dated 31 -7 -1961, respondents 3, 4, and 7 as Asstt. Verterinary Surgeons vide Govt. Order No: 155 -VD of 1961 dated 19 -7 -1961 and respondent No. 5 as Asstt. Verterinary Surgeon vide Govt. 57 -VD of 1961 dated 24 -7 -1961. A seniority list of non -gazetted cadre was prepared by the Director of Animal Husbandry and circulated vide endorsement No: C/9888 -9932 dated 28 -3 -1971. In accordance with this seniority list, petitioner No. 1 was shown at S. No. 24, petitioner No. 2 at S. No. 26 and petitioner No. 3 at S. No. 27 whereas respondent No. 2 was shown at S. No. 38, respondent No. 3 at S. No. 30, respondent No. 4 at S. No. 31, respondent No. 5 at S. No. 35,. respondent No. 6 at S. No. 39, respondent No. 7 at S. No. 32 and proforma respondent No. 8 at S. No. 28. The final list was thus prepared strictly according to the date of first appointment of the petitioners, respondents 2 to 7 and Performa respondent No. 8 as laid down in rule 24 of the 1956 Rules.

(2.) IT is further averred by the petitioners that the Director. Animal Husbandry vide order No. 86 -DAH of 1972 dated 1 -8 -1972, declared them and respondents 2 to 8 quasi -permanent from the dates mentioned against the name of each in the said order keeping in view the date of their first appointment. Vide Govt. orders No. 32 -l -Agri of 1972 dated 5 -4 -1972, petitioners and respondents 2 to 8 and others were, on the recommendations of the J&K Public Service Commission, promoted to the next higher grade of Rs. 300 -600 which was prevalent at that time.

(3.) THE petitioners have pleaded that respondent No. 1 in clear disregard of the above facts prepared a seniority list of officers of animal husbandry department on 1 -11 -1973 which was circulated by the Dy. Director (Central), Animal Husbandry Deptt. vide endtt. No. Estt./C/1563 -1627 dated 27 -12 -1973. This list was prepared without circulating any draft seniority list and without calling for any objections from the officers affected thereby. In this list, respondents 2 to 7 were placed over the head of the petitioners completely contravening the provisions of rule 24 of the 1956 Rules. They along -with others being aggrieved by the seniority list made representations against it and the respondent -State moved by the obvious injustice and illegality, issued circular under endtt. No. FST/AH/202/Seniority/ 29K/73 dated 2 -12 -1974 proposing to review the inter -se seniority of the officers of the department on the basis of the principles laid down in Para 2 of the circular. Said circular invited the officers to furnish particulars and data given on the reverse of the circular and accordingly they made requisite data available to respondent -State. After the data had been furnished, respondent -State revised and circulated a revised seniority list under its No. Agri/7C4jAH -298/73 dated 15 -3 -1978, stating therein that the draft list circulated there under had been revised strictly in terms of rule 24 of the 1956 Rule. It further called upon the officers concerned, to submit specific objections, if any, to the position assumed in the revised seniority list within 45 days. In this list, petitioner No. 1 was placed at S. No. 33, petitioner No. 2 at S. No. 34, petitioner No. 3 at S. No. 35 whereas respondent No. 2 was placed at S. No. 43, respondent No. 3 at S. No. 37, respondent No. 4 at S. No. 38, respondent No. 5 at S. No. 42, respondent No. 6 at S. No. 44, respondent No. 7 at S. No. 39 and respondent No. 8 at S. No. 36. After the lapse of 45 days, the respondent State slept over the matter for a period of two years and ultimately passed Govt. Order No. 25 -ASH of 1980 dated July 30, 1980, by virtue of which, the revised seniority list was withdrawn.