S SHABIR AHMAD KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) THE determination of inter -se seniority of the direct recruits is the only question to be decided in these cases. The facts of the case in brief are these. Vide Government Order No. Rev. (A) 464 of 1973 dated 08/10/ 1973 as many as 118 persons including the petitioners came to be appointed as Naib Tehsildars in the Revenue Department. In terms of the order of appointment the appointees were to be on probation for a period of two years within which they had to pass the departmental examination of Naib Tehsildar.

(2.) THE case of the petitioners is that the Departmental examination was held in the year 1975 in which they appeared and were declared successful vide notification no. PSC/ EX -76/3 dated 07/01/1976 issued by the Public Service Commission. Consequently. Government vide order dated 09/02/1989 accorded sanction to the confirmation of the petitioners services and those who had qualified the departmental examination. However, earlier the Government had vide order dated16/06/1980 issued tentative seniority list in which the petitioners were assigned seniority position at S. Nos. 194 and 199.

(3.) THE petitioners challenged this order in writ petition no. 691/1982 with the specific prayer for quashing the aforesaid seniority list and determining the same in accordance with Rule 22 and Rule 24 of J&K Civil Services (Classification, Control and appeals) Rules, 1956.