RAJESH HEERA AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) In view of commonality of issues involved in both the writ petitions, they were heard analogously and are being decided by this common order. The petitioners in SWP No. 3152/2015 seek writ of certiorari for quashment of communication dated 13.09.2012 addressed by J&K Public Service Commission to Secretary to Government, Consumer Affairs and Public Distribution Department insofar as it pertains to recommendations of DPC/PSC for retrospective regularization of In-charge Promotion of respondents 3 to 8 as Assistant Controllers in violation of J&K Legal Metrology (Gazetted) Services Recruitment Rules, 2005 (hereinafter referred to as Rules, 2005). The petitioners also seek a writ of certiorari for quashment of order dated 28.09.2012 insofar as it pertains to retrospective promotion of respondents 3 to 8 as Assistant Controllers under the J&K Legal Metrology (Gazetted) Services Recruitment Rules, 2005 inasmuch as the aforesaid promotions have been made beyond 50 per cent of the quota reserved for promotion of Inspectors, Legal Metrology to the posts of Assistant Controllers, Legal Metrology. The petitioners also seek quashment of the tentative seniority list of Assistant Controllers insofar as the same includes the name of respondents 3 to 8 as well as writ of mandamus directing the respondent No. 1 to consider the appointment of the petitioners as Assistant Controllers w.e.f. 24.10.2011 instead of 20.03.2012. The petitioners in SWP No. 1347/2016 inter alia seek quashment of order dated 05.02.2016 by which final seniority list of Assistant Controllers (State Cadre) of Legal Metrology Department has been issued to the extent it places the name of respondents 3 to 8 over and above the name of the petitioners. The petitioners also seek writ of prohibition restraining the respondent No. 1 from operating the final seniority list of Assistant Controllers issued vide Government order No. 15-CA and PD of 2016 dated 05.02.216 for either stop gap arrangement or substantive promotions to the post of Deputy Controllers Legal Metrology. In order to appreciate the petitioners' grievance, few facts need mention which are stated infra.

(2.) That since the inception of Legal Metrology Department, there were no gazetted rules framed governing the mode and manner of recruitment of various gazetted posts in the department. However, J and K Weights and Measures (Subordinate) Service Recruitment Rules, 2001 were enacted which governed the mode and manner of the recruitment to the non-gazetted posts. In the absence of Gazetted Recruitment Rules, the post of Assistant Controller, Legal Metrology which is a gazetted post was being filled up 100 per cent by promotion from and amongst Inspector, Weights and Measures which was a non gazetted post under the J&K Weights and Measures (Subordinate) Services Recruitment Rules, 2001. The 2005 Rules were enacted vide SRO 192 of 2005 dated 12.07.2005. Under Schedule-I appended to the Gazetted Recruitment Rules, 2005, the total sanctioned cadre of the posts of Assistant Controllers, Legal Metrology were 17 and under Schedule-II, the posts of Assistant Controllers, Legal Metrology are to be filled up 50 per cent by direct recruitment and 50 per cent by promotions from Inspectors, Weights and Measures, Legal Metrology who are members of J&K Weights and Measures (Subordinate) Services Recruitment Rules, 2001. The 2001 Rules were repealed with the enactment of J&K Legal Metrology (Subordinate) Services Recruitment Rules, 2005.

(3.) Before enactment of 2005 Rules, six Inspectors, Legal Metrology who were working as Incharge Assistant Controllers in their own pay and grade were placed in the pay scale of Rs. 7500-12000 subject to clearance from DPC/PSC and in addition one more Inspector, Legal Metrology was promoted as Incharge, Assistant Controller in the pay scale of Rs. 7500-12000 subject to clearance from the DPC/PSC by Government Order dated 11.04.2005. After coming into force of the 2005 Rules, the State Government vide Order dated 10.10.2005 framed initial constitution of J&K Legal Metrology (Gazetted) Services. The State Government under the rules was required to maintain quota of direct recruits and promotees, i.e. 50 per cent each. It is the case of the petitioners that all the 17 sanctioned posts of Assistant Controllers were to be filled up from promotees and seven officers were made Assistant Controllers vide order dated 11.04.2005, who were included in the initial constitution but were not holding the posts of Assistant Controllers substantively in the sanctioned sale of pay and were not yet cleared by DPC/PSC.