MEHRAJ-UD-DIN Vs. STATE OF J&K

JUDGEMENT

(1.) THE short and the only question involved for consideration in this case is the fixation of seniority between the promotees and direct recruits appointed to the rank of Sub -Inspectors of Police. This question was first raised by the promotees in SWP No. 240 of 1992 titled Mehraj -ud -din and others versus State and others decided on 31 -07 -1998. The same question was agitated by the promotees in SWP No. 4796 -4822/1996 decided by a learned Single Judge of this Court on 09 -09 -1998.

(2.) THE Director General of Police being the appointing authority implemented the judgment vide order No. 4016 of 1998 dated 04 -12 -1998. Simultaneously with the issuance of this order, seniority list of Sub -Inspectors of J&K Executive Police as on 31 -11 -1998 was also notified. The petitioners challenged the order dated 04 -12 -1998 (supra) on the basis of which the seniority of the direct recruits as well as the promotees has been determined on the grounds:

(3.) THE petitioners numbering 50 are both Assistant Sub -Inspectors as well as Sub -Inspectors. Their grievance is that the official -respondents have not worked out the year -wise vacancies before finalising the seniority list and has prejudiced them.