ZAHOOR HUSSAIN Vs. CHAIRMAN, LEGISLATIVE COUNCIL

JUDGEMENT

(1.) IN this petition the petitioners who are working as Translators in the Secretariat of the Jammu & Kashmir Legislative Council (hereinafter referred to as the Council) challenge the validity of the seniority list published on 2 -3 -1972 and the order dated 15 -6 -73 appointed respondents 2 to 5 to posts which are equivalent to the posts of Superintendents in the Secretariat of the Council.

(2.) THE admitted facts are that petitioner No. 1, Zahoor Hussain and petitioner No. 2, Sumeer Singh, were appointed as Senior Assistants in the Secretariat of the Council on 3 -12 -57 and were promoted as Translators on 28 -2 -1964. Petitioner No. 1. was confirmed as Trans -later on 1 -8 -68 and petitioner No. 2 was confirmed as Translator on 1 -6 -65. Respondent No. 2, Mohd. Shaft, was appointed as a Reporter on 3 -12 -57 and was promoted as a stenographer and later on as a Senior Reporter on 9 -7 -71. Respondent No. 3, Girdhari Lal, was appointed as stenographer on 30 -2 -69 and promoted temporarily as a Senior Reporter on 9 -7 -71. Respondent No. 4, Ali Mohd Qureshi, was appointed as a Reporter on

(3.) -12 -57 and was confirmed as such with effect from the same date. Respondent No. 5, J. K. Gupta, was appointed as a Senior Assistant on 1 -10 -57 and later on promoted as a Reporter ion 28 -2 -1962. 3. Prior to 2 -3 -72 a seniority list was prepared in respect of different categories of employees of the Council. This was not a combined seniority list of all the employees of the Council, but different seniority lists were prepared in respect of each category of the employees of the Council. On 2 -3 -72, however, a combined seniority list of all the staff of the Council Secretariat was published in which respondents 2 to 5 were shown as being senior to the petitioners. The petitioners did not make any representation objecting to the combined seniority list. By order dated 15 -6 -73, respondent No. I, the Dy. Chairman of the Council, made the following promotion?, postings and appointments: