DAYAL SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners by means of this petition are seeking relief of issuance of a writ of certiorari quashing the seniority list circulated under No.ES -4/ 5847 -5907 dated 8.7.1988 issued by respondent No. 3 so far as it pertains to the respondents 4 to 33 and to quash the promotions of respondents 4 to 16 and 26 to 33 with a further direction to the respondents 1 to 3 to consider the cases of the petitioners for promotion to the post of Laboratory Technicians in the grade of Rs.115O -2050.

(2.) THE petitioners have stated in the petition that the petitioners were appointed as Field worker/Surveillence worker on 10 -8 -1960 and 19.3.1968 respectively and subsquently appointed as Microspists on 2.4.1964 in the Malaria Unit of the Health Deptt. to undergo training of Laboratory Technician/reorientation Microscopists in the year 1963 and else for training in the year 1969, which the petitioners have successfully undergone. The petitioners have also undergone Laboratory Technicians Course from the Jammu and Kashmir State Faculty in the year 1972. Under order No.LB -4/ 177/1045 -56 dated 5.10.1972, the petitioners were adjusted as Laboratory Assistants by the Health Services Department as the Malaria Unit of the Health Department stood wound up and merged with the Health Department. The respondent No.3 issued tentative seniority list of Laboratory Assistants under No.ES -4/6748 -6807 dated 26.2.86 and the date of the first appointment of the petitioners as Laboratory Assistants was shown as March 1972. The petitioners filed objections to the placement of the petitioners in the seniority list at Serial Nos. 23 and 25 asserting their claim that the seniority be assigned to the petitioners from their first date of appointment and the respondents 4 to 33 be placed as junior to the petitioners. The respondent No. 3 issued final seniority list vide No.ES -4/5847 -5907 dated 8.7.1988 showing the respondents 4 to 25 senior to petitioner No.2. Subsquently, the respondent No.3 has promoted respondents 4 to 16 to the post of Laboratory Technicians under No.557/NG of 1988 dated 5 -12 -1988 and also respondents 26 to 35 were similarly promoted as Laboratory Technicians under No.282/NG of 1987 dated 12.12.1987. The petitioners claim to be senior on the basis of their first appointment in the service and have challenged the promotion of the respondents 4 to 16 and 26 to 33 as the said respondents are allegedly junior to the petitioners. The petitioners have also averred in the petition that the seniority of the petitioners have not been fixed in terms of Rule 24 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 (here in after referred to as Rule of 1956).

(3.) THE respondent No.3 has filed the objections to the petition duly supported by an affidavit. The respondents 4 to 33 have been set exparte in terms of order dated 15.2.1990. The respondent No. 3 has stated in the objections that the petitioners were appointed as Microscopists in the year 1964 in the Malaria Organisation of the Health Department and remained working till 1972, while they were adjusted as Laboratory Assistants. The respondents 4 to 33 were initially appointed as Laboratory Assistants prior to the adjustment of the petitioners as Laboratory Assistants. The petitioners could only be appointed as Laboratory Assistants peti from the State Medical Faculty. The petitioners were not eligible for appointment as Laboratory Assistants before passing of the training and undergoing the Diploma course. The respondents 4 to 33 were appointed as Laboratory Assistants earlier to the adjustment of the petitioners as Laboratory Assistants and the petitioners were shown as junior to the said respondents in accordance with Rule 24 of the Rules of 1956. The promotion of the respondents 4 to 16 and 26 to 33 have been made on the recommendation of the Departmental Promotion Committee.