ARVIND SAMYAL Vs. UT OF J&K

JUDGEMENT

(1.) The present batch of petitions have been preferred against the judgement and order dtd. 31/3/2021, passed by the full Bench of Central Administrative Tribunal Jammu Bench, whereby the Tribunal has dismissed the TAs filed by the petitioners, challenging the promotion of private respondents as Inspectors (Armed) in the J&K Police made by the PHQ vide order dtd. 21/7/2005. The petitioners also seek a certiorari for quashing the tentative seniority list of Inspectors (Executive/Armed) issued vide order dtd. 29/8/2013 and the final seniority list issued vide order dtd. 23/11/2015. Briefly stated, the material facts are as under:-

(2.) The petitioners herein initially filed the writ petitions before the High Court, which upon creation of the Central Administrative Tribunal Jammu Bench, Jammu were transferred to the Tribunal for disposal. The grievance of the petitioners, as set up in the petitions, was that an advertisement notice dtd. 20/11/1993 was issued by the official respondents inviting applications for the post of Sub-Inspectors in the J&K Armed Police without reference to any particular wing. The petitioners came to be appointed in the year 1995 as against the private respondents, who came to be appointed as Sub-Inspectors in the year 1998. It was asserted that upon appointment, the official respondents on their own accord placed the petitioners in the Executive Wing of the Police Department as against the private respondents, who were placed in the Armed Wing.

(3.) The grievance of the petitioners was that even when they had been appointed prior in point of time, the private respondents, who were junior to the petitioners were promoted as Inspectors prior in point of time on the basis of a separate seniority list of Sub-Inspectors posted in the Armed Wing, which was illegal and in violation of the statutory rules.