SAQIB SALEEM AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) In this writ petition preferred under Art. 226 of the Constitution of India read with Sec. 103 of the Constitution of the State of Jammu and Kashmir, the petitioners inter alia seek quashment of seniority list of Naib-Tehsildars dated 08.10.2013 insofar it pertains to inter se seniority of the petitioners and respondents 4 to 75 notified by Financial Commissioner, Jammu and Kashmir, Jammu. The petitioners also seek a direction to the respondents 1 and 2 to fix the inter se seniority of the petitioners and respondents 4 to 75 as Naib-Tehsildars in the order of merit obtained by them in the selection process after preparation of combined merit list of the candidates selected pursuant to advertisement notices dated 26.04.2002, 14.12.2005 and 26.05.2008. In order to appreciate the petitioners' grievances, few facts need mention which are stated infra:

(2.) Admittedly, an advertisement Notification dated 26.04.2002 was issued by which applications were invited for 52 posts of Naib-Tehsildars. It is also not in dispute that in response to aforesaid advertisement, respondents 4 to 75 submitted their applications. However, the process of selection was kept pending. Thereafter another advertisement notification dated 14.12.2005 was issued by which 39 posts were advertised and pursuant to which petitioners 2 and 4 submitted their applications. However, the process of selection initiated pursuant to aforesaid advertisement notice could also not be brought to its logical conclusion and another advertisement notification dated 26.05.2008 was issued by which 20 posts of Naib -Tehsildars were advertised pursuant to which the petitioners 1 and 3 submitted their applications. It is also not in dispute that a common written test was held for all three advertisement notices on 22.03.2009 and based on the aforesaid test, the candidates were short listed for interview and three provisional select lists with reference to each notification was issued on 08.09.2009 and thereafter the orders of appointment to the selected candidates were issued on 20.11.2009. It is the case of the petitioners that on 05.04.2011, a tentative seniority list was issued pursuant to which they submitted a representation dated 25.04.2011 which was not decided. Thereafter another tentative seniority list was issued on 12.04.2013 and eventually a final seniority list was issued on 08.10.2013 in which the petitioners have been shown junior to respondents 4 to 75 even though the petitioners are more meritorious. In the aforesaid factual background, the petitioners have approached this Court.

(3.) Learned counsel for the petitioners submitted that the process of selection was the same and the date of appointment was the same and therefore in view of Rule 24 of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules 1956 (hereinafter referred to as rules, 1956), the seniority ought to have been fixed on the basis of merit position secured by the candidates in the merit list. It is further submitted that seniority list has been prepared in contravention of Rule 24 of the Rules, 1956 and the occurrence of vacancies has no relevance to the seniority. It is further submitted that the petitioners have approached this Court with utmost dispatch without any delay.