RAVI KANT SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER initially appointed as Sub Inspector with Central Reserve Police Force in the year 1985 was sent on deputation, in the year 1987, to National Security Guard (NSG). In the year 1990 vide Government order No.Home -275/GR of 1990 dated 10.10.1990 was sent on deputation to J&K Police for a period of two years as Sub Inspector. In the year 1995 vide order dated 25.3.1995 petitioner was recommended by Additional Director General (CID) J&K Police for permanent absorption in J&K Police. At the relevant time he was performing his duties with J&K Police un -interruptedly since 1990. In his parent department i.e. CRPF, the petitioner was promoted to the rank of Inspector in the year 1992.

(2.) PETITIONER consequent to the recommendation was permanently absorbed in the J&K Police vide order No.Home -317(P) of 1995 dated 11.10.1995 the services of the petitioner in the rank of Inspector were regularised from 1.3.1992 up to the date he was permanently absorbed in J&K Police i.e. 10.10.1995 as is borne out by Government order No.1153(P) of 1996 dated 27.12.1996 and the arrears were released by the respondents in favour of the petitioner right from 1.3.1992.

(3.) RESPONDENTS issued tentative seniority list on 30.6.1997, wherein services of the petitioner, for the purposes of seniority, has been counted from 10.10.1995 i.e. the date when he was permanently absorbed in J&K Police. As against the said tentative list objections as filed by the petitioner were rejected on 10.10.1998 on the ground that the petitioner cannot be granted seniority with effect from 1.3.1992. Subsequent to that final seniority list has been issued on 26.10.1998 wherein the petitioner figures at serial No.214. In case his services would have been counted from 1.3.1992, then he could have been placed at serial No. 124 in the said seniority list. Representations as filed by the petitioner for redressal of his grievances did not yield any result which prompted the petitioner to file the writ petition (SWP) No.3082/2001. The said petition was disposed of on 19.3.2002 with direction to the respondents to treat the petition as notice of demand and to settle the matter within three months. As a result thereof, order No.375 of 2003 dated 25.1.2003 was issued by the respondents where -under, after re -examining the case of the petitioner in light of the court order dated 19.3.2002, it has been recorded that the petitioner was absorbed in J&K Police with effect from 11.10.1995 on his own consent. The period from 1.3.1992 to 10.10.1995 is shown to have been regularised vide Government Order No.Home -1153(P) of 1996 dated 27.12.1996 for purposes of release of pay dues only. Thereafter it is concluded that in terms of Rule 24 of the Classification, Control and Appeal Rules the seniority of the petitioner has been fixed appropriately with effect from 11.10.1995.