JAVAID IQBAL BALWAN Vs. STATE
LAWS(J&K)-2006-9-8
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 21,2006

Javaid Iqbal Balwan Appellant
VERSUS
STATE Respondents

JUDGEMENT

H.IMTIYAZ HUSSAIN, J. - (1.) THE dispute arising in the present petitions centers round the questions to the inter -se seniority between the direct recruits and the promotees under the Jammu & Kashmir Revenue (Gazetted) Service. The dispute also relates to the regularization of the promotees and fixation of their inter -se seniority in the cadre.
(2.) APPELLANTS in LPA No: 412J/2001, petitioners in W.P.No: 2111J/2003 and petitioners in S.W.P No. 857, 858, 1556 and 1859 of 2004 are the direct recruits (hereinafter also referred to as the petitioners (DR)) while as the appellants in LPA No: 415J of 2001 and petitioners in SWP No: 855 and 856 of 2004 are the promotees (hereinafter also referred to as the respondents (PR)). The promotees were appointed as Naib Tehsildars in the year 1973. In the year 1983 those Naib Tehsildars, who had qualified the departmental Tehsildar examination held by the State Public Service Commission, were given stop gap promotions as Tehsildar, in their own pay and grade. Later the grade of the post too was released in their favour and in the year 1997 their services as Tehsildars were regularized retrospectively with effect from 1 -1 -1984. Some of the promotees were given promotion to the higher grade/posts and some of them have even been inducted into the Kashmir Administrative Service. Various seniority lists of the members of the service were issued by the State from time to time which became the subject matter of litigation. Though in some cases the matter went even up to the Apex Court, a part of the controversy is still unsettled. The respondents (PR) do not accept 1 -1 -1984 as the correct date of their regularization and claim that their seniority should be counted from the year they passed the departmental examination for the post, in the alternative they pray for seniority from the date they were posted as Tehsildars. They are aggrieved that oven those who could not qualify the examination within the prescribed period, have also been regularised and made senior to them.
(3.) MEANWHILE selection of direct recruits took place which too gave rise to the litigation before this Court as well as before the Supreme Court. The appellant -direct recruits got appointed into the service under the directions of this court upheld by the Supreme Court. In the second round of litigation they prayed for retrospective seniority which too was granted but now they are aggrieved of the seniority position vis -a -vis the promotees assigned to them in the seniority lists issued by the State. They are also aggrieved of the promotions granted to the promotees as also their induction into the KAS, as according to them the promotees have been assigned undue seniority positions due to which they got illegally pushed down depriving them of due place in the seniority. This all has resulted into filing of the present writ petitions/LPAs both by the promotees as well as by the direct recruits before this Court. In order to fully appreciate the issues involved we may examine the facts which led to the filling of these cases. Our journey starts from October, 1973 when by means of Government Order No. Rev (A) 464 of 1973 dated 8.10.1973 about 118 persons were appointed as Naib Tehsildars in the grade of Rs.340 -700 in the State Revenue Department, Government of Jammu and Kashmir (hereinafter referred to as the department). The appointment was made on temporary basis on the terms and conditions indicated below: - "i) that they shall undergo Revenue and Settlement training in the Revenue Training Schools Srinagar/Jammu and pass the examination on the completion of said training. (ii) that they shall within 2 years, pass the Departmental Examination for Naib Tehsildars conducted by the Public Service Commission, failing which they shall be liable to be discharged from service." ;


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