GOPAL KRISHAN Vs. STATE OF J&K

JUDGEMENT

(1.) By the medium of this petition, petitioner seeks a direction to quash tentative seniority list of Junior Assistants (as on 01.07.2014) issued vide Circular No.096-GMA of 2014 dated 09.12.2014 to the extent it excludes the name of the petitioner and includes the names of private respondents at S. No.25, 26 and 27 being juniors to petitioner. He also seeks a mandamus directing the respondents to promote him as Junior Assistant with all consequential benefits w.e.f 28.08.1997 when his juniors have been promoted. Petitioner also seeks a mandamus to promote him in the same manner as has been done in case of similarly situated persons who have been promoted vide Orders No.JKSRTC/EC-III/129 dated 20.10.2011, JKSRTC/GM(Adm)/RHQ dated 12.08.2010, JKSRTC/ GMA/PS/J/81 dated 29.11.2011 and JKSRTC/GMA/PS/J/436 dated 15.03.2012.

(2.) The main facts as stated in the petition are that the petitioner was appointed as Conductor in Jammu and Kashmir State Road Transport Corporation vide order No.JKSRTC/GM/(O)/J/453-56 dated 20.04.1985. It is contended that petitioner is senior to the private respondents who later joined the Corporation on 11.09.1985, 21.01.1986 and 21.01.1986 respectively. Petitioner contends that his case was not recommended for promotion before DPC in the year 1997 whereas names of private respondents who being juniors to him were promoted in terms of order dated 28.08.1997. Petitioner was promoted as Junior Assistant on 18.10.2011. It is contended that respondent No.4 vide communication dated 18.07.2006 requested Manager Passenger Service, JKSRTC, Jammu to furnish service book of the petitioner as well as private respondents to sort out the cause. It is further contended that petitioner's name has been omitted from the impugned seniority list of Junior Assistants as on 01.07.2014 vide Circular No.096-GMA of 2014 dated 09.12.2014 to which petitioner has also filed objections on 30.03.2015.

(3.) Admittedly, the petitioner has been engaged as Conductor prior to private respondents, but they have been promoted w.e.f 1997 whereas petitioner has been promoted w.e.f 18.10.2011. Petitioner has filed objections to tentative seniority list and the same have not been considered till today.