RAMESH KOUL Vs. STATE

JUDGEMENT

(1.) THIS judgment disposes of two L.P.As. No. 69/85 and 25/87, directed against the judgment passed in Writ Petition No. 207 of 1978 dated 29th March, 1985.

(2.) APPELLANTS are promotees and respondents 3 to 11 direct recruits to the post of Dy. SP in the Police Department of the State respondent. They are engaged in dispute over their seniority. Private respondents 3 to 11 (direct recruits), though admittedly appointed later in point of time vis -a -vis the appellants (promotees), claim seniority over them. They accordingly filed Writ Petition No. 207/78 in this Court seeking quashment of the seniority list of 1978 in the category of Dy. SPs and promotion of private respondents in the writ petition to the post of selection grade Dy. S.P. Their case in the writ petition precisely was that Rule 5 of the J&K Police Service (Gazetted) Recruitment Rules 1968 (for short, 1968 Rules) prescribed a ratio of 60%: 40% for filling up the posts of Dy. S.P. by direct recruitment and by promotion respectively from the posts of Inspector but the State - respondent had deviated from the ratio prescribed by promoting the private respondents in the writ petition to the post on adhoc basis against the available posts in direct recruitment quota. On this basis they claim that they should have been placed higher to these private respondents whose adhoc tenure should not have been counted towards their seniority.

(3.) AT this stage it requires to be brought on record that private respondents 3 to 9 (Writ petitioners) were selected by the Public Service Commission (PSC) in 1972 and appointed by various Govt. orders in that year. Private respdts. 10 & 11 were appointed in the reserved category of ECOâ„¢s in 1974. As against them appellants herein and other private respondents (3 to 36), who were already holding the posts of Inspector, were promoted on adhoc basis to the post of Dy. S.P. by Govt. Order No. 477 of 1971 dated 27.12.1971 for a period of 6 months initially. Out of these, private respondents 3 to 8 in the writ petition, were appointed by promotion on adhoc basis with a condition that they would compete in the selection through PSC. The term of all the private respondents was, however, extended from time to time till the State respondent passed Govt. Order No. Home 482 (Police) of 1972 dated 31.10.1972 and accorded sanction to their continuance on regular basis on the agreement of DPC/PSC. Thereafter it circulated tentative seniority lists placing these private respondents in the writ petition higher to the writ petitioners and maintained this position in the final seniority list vide Govt. Order No. 404 -Home of 1978 dated 21.9.1978. This led to the filing of Writ Petition No. 207/78.