KULBUSHAN SINGH Vs. CHIEF ENGINEER

JUDGEMENT

(1.) THE petitioner and respondents 2 to 18, who are three years Diploma Holders in Electrical Engineering, amongst others, were appointed in the Non Gazetted cadre vide Order No: 75 -CEE dated 6th of August, 1965, by the Chief Engineer, Respondent No: 1. Respondent No. 2 and 5 were to get a consolidated pay of Rs. 150/ - whereas the petitioner and respondents 6 to 18 were directed to work in the grade of Rs. 100 -200 against the post carrying the grade of Rs. 140 -250. The Chief Engineer vide his order dated 13 -10 -1966, promoted the petitioner as well as respondents 6 to 18 to the grade of Rs. 140 -250 and this promotion was to take effect from the date they had joined their posts in compliance with the earlier order No. 75 -CEE dated 6th of August, 1965. Respondents 2 to 5 were also placed in the same grade of Rs. 140 -250 but were to "begin" from Rs. ISO/ - P.M. with effect from 13 -10 -1966.

(2.) A tentative seniority list was drawn up in 1969, in which respondents 2 to 5, were shown senior to the petitioner as well as to the respondents 6 to 18. The tentative seniority list was circulated and objections were invited within one month. The petitioner as well as some others submitted their objections, some three years later, on 30 -12 -1972, much after the expiry of the prescribed period. After considering the objections under Rule 24 of the Jammu and Kashmir Civil Services Classification, Control and Appeal Rules, 1956, the tentative seniority list was revised and the seniority of the petitioner and respondents 2 to 18 was re -fixed. This re -fixation of the seniority showed the petitioner and respondents 6 to 18 as senior to Respondents 2 to 5. It is alleged by the petitioner, that respondent No: 1 himself without any jurisdiction rescinded the revised and final seniority list showing the petitioner to be senior to respondents 2 to 5 by his order No. 82 -CEE dated 11 -7 -1973 on the recommendation of a committee consisting of Sarvshri M. K. Wazir, A. R. Raina Superintending Engineer and Y. P. Ramotra, Executive Engineer. The petitioner is aggrieved against this order of 11.7.1973 by which the earlier order dated 30 -12 -1972 has been rescinded and he has challenged the said order by means of this Writ Petition.

(3.) THE grievance of the petitioner in the writ petition is that the impugned order dated 11.7.1973 is a non -speaking order as it does not give any reasons as to why the revised order of seniority, dated 30 -12 -1972, was being rescinded. It is also maintainted that it was not open to the Chief Engineer, Respondent No. 1, to review the seniority list by accepting the recommendation of a committee which was an extra -statutory nature. It is further asserted that even if the recommendation of the committee was to be accepted by respondent No. 1, it could be given effect to without first hearing the petitioner who stands adversely affected by the impugned order.