ABDUL MAJID TAK Vs. STATE OF JAMMU

JUDGEMENT

(1.) Through the medium of the instant petition, the petitioner has implored for the grant of following relief(s) in his favour:

(2.) The brief facts leading to the filing of the petition, as come to fore from a reading of the petition itself, are that the petitioner claims that he and respondent No.4 are Officers of the J&K Fisheries Department; substantively holding the posts of Assistant Directors, Fisheries and functioning as Incharge Deputy Directors. It is stated that the petitioner is a well-qualified person having successfully undergone and passed, inter alia, Masters' Degree in Science (MSc) Zoology with specialization in the discipline of Ichthyology through the University of Kashmir way back in the year 1993. By virtue of Fisheries order No. 216 of 1996 dated 1st of February, 1996, the petitioner claims that pursuant to selection conducted by JK SSRB, he came to be appointed as Surveyor in the Fisheries Department in the pay scale of 1400-2600 (unrevised). Besides having successfully completed the period of probation, the petitioner has as well undergone and completed one years' Postgraduate Certificate course in Inland Fisheries Development and Administration at Inland Fisheries Training Centre (CIFE- ICAR), Calcutta. The petitioner's aforesaid appointment order was followed by his placement in the post of Inspector, Fisheries on incharge basis in the year 1997 which was followed by his regular promotion in the said post on the recommendations of the Departmental Promotion Committee vide Fisheries order No. 136 of 1999 dated 8th of January, 1999. By Government Order No. 72-FST of 2004 dated 4th of February, 2004, the petitioner, pending clearance by the Departmental Promotion Committee, was further promoted to the Gazetted post of Fisheries Development Officer on adhoc basis in his own pay and grade which was followed by his order of regularization vide Government Order No. 404-FST of 2013 dated 29th of November, 2013 w.e.f. 1st of April, 2004. The petitioner further proceeds that in terms of Government order No. 131-FST of 2014 dated 1st of April, 2014, on the basis of the recommendations of Public Service Commission/ Departmental Promotion Committee, sanction was accorded to his regularization/ promotion on the post of Assistant Director on substantive basis. The petitioner contends that the said promotion was followed by Government order No. 231-FST of 2014 dated 17th of July, 2014 assigning the charge of the post of Deputy Director/ Chief Project Officer to the petitioner, which position, as per the petitioner, continues to be held by him till date. The respondent No.4, claiming to have secured Masters' Degree in Zoology (MSc) with specialization of Ichthyology, also appears to have been initially appointed in Jammu Division in the post of Surveyor on 1st of February, 1996. The petitioner pleads that the said respondent, too, was promoted to the post of Inspector alongwith the petitioner vide Fisheries order dated 8th of January, 1999 followed by his promotions to the post of Fisheries Development Officer, Assistant Director (Fisheries) and as Incharge Deputy Director/ CPO. In terms of the aforesaid orders, the respondent No.4 was reflected as senior to the petitioner and the same position was reflected by the respondents in terms of the seniority lists as issued by them from time to time, also specifically reflecting the qualification of respondent No.4 as MSc Zoology (Ichthyology). The petitioner submits that as per his information, the aforesaid appointments/ promotions were made by the respondents in favour of respondent No.4 on his representation of having passed Masters' Degree in Zoology with specialization in Ichthyology and that, in fact, the respondent No.4, in connivance with respondents 1 to 3, appears to have produced the relevant marks certificates purportedly issued by Ch. Charan Singh University, Meerut, evidencing the fact that the respondent No.4 has passed MSc Zoology specialization with name of course-Fish and Fisheries (Gen) and Fish and Fisheries (Applied) during the session 1993-95 under enrolment No. 9213335. It appears that the promotion of the respondent No.4 to the post of Inspector in the year 1997-98 was considered and ordered by the respondent No.3 on the assumption of the said respondent having passed MSc Zoology with specialization in Ichthyology as was represented by him. This has been done by the respondents without considering whether the alleged specialization was specialization in Ichthyology. It is further stated that in connection with the clearance of the promotion of the petitioner and the respondent No.4 on the post of Deputy Director/ CPO, it transpired that the respondent No.4 has undergone and passed Masters' Degree in Zoology with specialization in Entomology from Ch. Charan Singh University, Meerut, in the year 1994 and not in Ichthyology as was fraudulently and mischievously misrepresented by him before the respondent No.3 at the relevant time. The petitioner contends that at the time of his appointment to the post of Surveyor followed by his promotion to the post of Inspector, the respondent No.4, withholding the degree certificate and the relevant statement of marks of MSc Part-II (final) Examination, has produced the statement of marks of Part-I examination of 1993 and a fictitious and manipulated statement of marks of MSc Part-II (final) examination 1995, reflecting his qualification as MSc Zoology specialization with name of the courses as Fish and Fisheries (Gen) and Fish and Fisheries (Applied). It is submitted that in terms of the regulations of the University Grants Commission, being the apex body of all the Universities in India, the course of study of Masters' Degree in any discipline including Zoology with whatever specialization is comprised of two years duration. In the said context, assuming though denying that the respondent No.4 after having genuinely passed MSc Zoology with specialization in Entomology, it is not all comprehensive as to how he could obtain admission for undergoing another specialization in the Third year of the same Masters' Degree, without obtaining fresh admission/ enrolment as a student of MSc degree course comprised of two years course of study with specialization in the field of Ichthyology. The testimonials reflecting the respondent No.4 as having passed MSc Zoology with specialization in Fish and Fisheries (Gen) and Fish and Fisheries (Applied) ex-facie appear to be obtained through fraud and misrepresentation. In this backdrop, the petitioner submits that in the year 1999 at the time of his promotion to the post of Inspector, the respondent No.4, admittedly, was not possessed of Masters' Degree in Zoology (MSc) with specialization in Ichthyology and, therefore, was required to be treated as having done BSc Zoology and, thus, attaining service of five years in the relevant category and consequential eligibility for promotion to the post of Inspector on 1st of February, 2001, i.e., much after the promotion of the petitioner in the said post on 1st of April, 1999. It is stated that in this behalf the respondent No.4 could not have been granted promotion to the post of Fisheries Development Officer ahead of the petitioner inasmuch as by reckoning his experience on the post of Inspector w.e.f. 1st of February, 2001, he would secure seven years substantive service as Inspector on 1st of February, 2008, much later to the promotion of the petitioner to the post of Fisheries Development Officer granted to him w.e.f. 1st of April, 2004. It is further stated that the respondent No.4 was not at all eligible for such promotion as on 1st of January, 2004 as reflected in Government order dated 29th of November, 2013. The petitioner further submits that the respondent No.4, being junior to the petitioner, could not and cannot be accorded any consideration for his promotion to the post of Deputy Director ahead of the petitioner, however, on the aforesaid assumption of the respondent No.4 having passed the Masters' Degree in Zoology (MSc) with specialization in Ichthyology, the respondent No.2 have accorded consideration for the promotion of respondent No.4 to the post of Deputy Director w.e.f. 17th of July, 2014 as against the petitioner showing his clearance for regularization w.e.f. 1st of November, 2016 vide their recommendations dated 16th of June, 2017 forwarded to respondent No.1. Faced with the above recommendations of the respondent No.2, the petitioner, immediately, claims to have tendered a detailed representation dated 9th of July, 2017 before the respondent No.1 requesting therein for thorough investigation in the matter so as to ascertain the genuineness or otherwise of the claim of respondent No.4 having done MSc Zoology with specialization in the subject of Ichthyology in accordance with rules. It is stated that acting upon the said representation, the respondent No.1, vide communication dated 21st of July, 2017 has directed the respondent No.3 to enquire/ examine the matter and submit detailed/ factual report in the case and to furnish Bachelors/ Masters degrees of the concerned officers including the respondent No.4. It is submitted that despite the aforesaid position obtaining in the matter, the respondents are seeking to issue consequential orders on the recommendations of respondent No.3 in favour of respondent No.4, which is not only illegal, but also prejudicial to the rights and interests of the petitioner. This action in declaring the respondents No.4 as senior to the petitioner, on the part of the official respondents, is assailed by the petitioner in the instant petition.

(3.) Objections stand filed on behalf of respondent Nos. 1 to 4.