PEYARI LAL TICKOO Vs. STATE

JUDGEMENT

(1.) THE petitioner was appointed as Junior Assistant in the office of Deputy Commissioner, Leh in the year 1962. He came to be appointed as Junior Scale Stenographer in the office of Divisional Commissioner, Kashmir in the year 1976. He was transferred and posted in the office of Agrarian Reforms Commissioner as Junior Scale Stenographer on 3.10.1985. Vide Government order No. Rev (NG) 15 GR of 1986 dated 20.3.1986, State cadre of Revenue Department came to be constituted and the office of Agrarian Reforms Commissioner was included in the State Cadre. As a result of inclusion of the office of Agrarian Reforms Commissioner in the State cadre, the petitioner sought fixation of his seniority in the State cadre. The grievance of the petitioner for his inclusion in the seniority list of State cadre remained hanging with the respondents. The resultant effect of this was that the persons junior to petitioner namely Mushtaq Ahmed and Aziz -u -din Bukhari were promoted as Senior Scale Stenographers to the exclusion of petitioner.

(2.) THE petitioner had approached this court seeking fixation of his seniority in the State cadre. The Court vide its order dated 22.3.1991, directed the respondents to consider the claim of the petitioner in the State cadre, but nothing seems to have been done in pursuance of the directions of the court also. It is only due to the hard persuasion of the petitioner that respondents issued Order No. FC (NG) 467 of 2000 dated 14.11.2000, wherein they have conceded that petitioner was senior to Mushtaq Ahmed and Aziz -u -din Bukhari and was found entitled for promotion as Senior Scale Stenographer from March, 1993 the date when his juniors were promoted. While accepting his contention, he was promoted as Senior Scale Stenographer from March, 1993 with only notional benefit of seniority given to him. He was not found entitled to any arrears on this account. It is this part of the order, which is subject matter of challenge in this Court.

(3.) I have heard the learned counsel for the parties and perused the record.