AB RASHID BHAT Vs. STATE

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu & Kashmir has been filed by 5 petitioners namely Abdul Rashid Bhat, Bashir Ahmad Khan, Ghulam Rasool Dar, Rafiq Ahmad Vakil and Abdul Razak Khan for a writ of certiorari for quashing PHQ Orders No. 531 of 2008 dated 13.2.2008 and Order No. 886 of 2008 dated 15.3.2008 issued by respondent no. 2 Director General of Police Jammu & Kashmir, Srinagar/Jammu. The petitioners have also prayed for a writ of mandamus directing the respondents not to alter their seniority in the cadre of Inspectors and not to show private respondents 3 to 42 senior to the petitioners in such cadre. The facts in brief relevant for the disposal of this petition are that the petitioners were appointed in the State Police Department as Sub Inspectors of Police in the J&K Armed Police in terms of Order dated 7.8.1982. In the year 1987 they were brought on promotion list (F) and were on completion of their pre -promotion course, promoted to the rank of Inspectors of Armed Police vide order dated 19.9.1987. A final seniority list of the Inspectors was issued on 30.7.1993 in which the petitioners were shown at S. No. 115, 116, 117, 118 and 120. The petitioners were promoted as Dy. Superintendent of Police in the pay scale of Rs. 7500 -12500 vide Government Order No. Home -129(p) of 1998 dated 15.4.1998 and in the year 2006 they were given selection grade of Rs. 9000 -14100 vide Govt. Order No. Home 88(p) of 2006 dated 17.3.2006.

(2.) ON the recommendations of the Jammu and Kalshmir Public Service Commission the petitioners were accorded promotion to the rank of Superintendent of Police in the pay scale of Rs. 10000 -15200 vide Govt. Order No. Home -79(P) of 2007 dated 27.2.2007.

(3.) RESPONDENTS 3 to 42 were directly appointed as Sub Inspectors of police (Executive ) on 25.4.1979. They had inter -se seniority dispute with some other Sub Inspectors and to resolve the same they approached this Court through writ petitions SWP No. 1208/86 and SWP No. 3586/97. Both these writ petitions were decided in their favour by this Court. On an appeal the judgment of the Id. Single Judge in these two petitions was set aside by a Division Bench of this Court. The petitioners challenged the order of Division Bench in SLP in which the Apex Court set aside the order of Division Bench and thus the order of the Id. Single Judge was restored.