MOHAMMAD NASIR KHAN Vs. STATE

JUDGEMENT

(1.) CLAIMING to have been placed at S. No. 6 of the merit -cum -selection list prepared by the duly constituted Selection Committee in terms of annexure C to the petition in 1980, for appointments to the posts of steno typist in J&K; Police Department, the petitioner complains that not only was he dropped from the first spell of appointments made vide order No. 1 of 1980 dated 01.01.1981 from amongst candidates figuring in the said selection list, and nine persons including respondents 3 to 6 who were down below him in the order of merit appointed, but also in second spell when other candidates from the said list including him were appointed, he was placed at S.No. 6 in the order of appointment issued under Order No. 677 of 1981 dated 25.08.1981 while merit -wise he should have been at the top, which resulted in further loss of seniority to him. Accordingly he seeks quashment of seniority list of 1989 and subsequent promotion orders of private respondents, alongwith DGPs order No. 3671 of 2002 dated: 27.09.2002 rejecting his representation for rectification of his grievances.

(2.) IN their reply/objections, respondents maintain that adherence to order of merit/serial in the select list as prepared by the appointed Committee was not obligatory on the concerned IGP and that private respondents scored precedence over petitioner because of having superior academic qualification. During course of threshold arguments, learned Counsel have reiterated the contents of their pleadings, and with their consent the matter is taken up for final disposal.

(3.) ACCORDINGLY the DGP's impugned order No. ESTT/P -case/48657 -60 dated 27.09.2002 rejecting petitioners representation for proper fixation of his seniority is quashed, and the writ petition is disposed of with a direction to DGP for considering petitioner's case afresh and determining his seniority in light of forgoing observations alongwith consequential benefits accruing to him within three months from now, whereafter he shall be at liberty to re -agitate the matter if cause survives or accrues.