ASHFAQ AHMED BUTT Vs. STATE OF J&K

JUDGEMENT

(1.) This appeal by leave is directed against the judgment of a single Bench dated 17.08.2017 passed in SWP No.1221/2013 titled Sh. Mohan Lal v/s State of J&K and others.

(2.) Briefly stated, the facts are that pursuant to selection conducted by J&K Service Selection Board, a select list for the posts of Patwaris District Cadre Kathua was prepared in which name of the writ petitioners figured above the name of some of the private respondents in the writ petition. However, the orders of appointment in the case of some of the candidates were issued on 18.02.1999 whereas orders of appointment in case of others could be issued only on 25.02.1999, due to late receipt of character verification reports from Criminal Investigation Department. The Revenue Department prepared a tentative seniority list wherein the name of writ petitioners figured below the private respondents in the writ petition. The aggrieved candidates objected to the tentative seniority list but their objection was rejected on the ground that the benefit of seniority could not be given to the writ petitioners for the reason that they had been appointed later in point of time than the private respondent in the writ petition. The learned single Judge after considering the rival contentions held that the seniority of writ petitioner as well as the private respondents was governed by Rule 24 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956. Relying upon the proviso to Rule 24 (Supra), the learned single Judge concluded that the seniority of the writ petitioners as also the private respondents was to be determined on the basis of their ranking in the merit list. Accordingly, the writ petition was allowed and the tentative seniority list impugned issued on 12.12.2009 was quashed. The learned single Judge also directed the official respondents to reframe the seniority list by showing the writ petitioners at their appropriate place, based upon their merit in the select list prepared by the Service Selection Board in terms of Class 24 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 by treating the writ petitioners also to have been appointed on motion basis with effect from the date the private respondents in the writ petition had been appointed.

(3.) The appellants, though not party before the writ Court, have assailed the aforesaid judgment by seeking leave of this Court on the ground that the judgment impugned has adversely affected them, in as much as, the seniority position which has been accorded to them in the tentative seniority list has been altered to their prejudice and, that too, without even affording them any opportunity of being heard.