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2017 DIGILAW 241 (JK)

Sunita Dhar v. State of J&K

2017-05-16

ALOK ARADHE

body2017
JUDGMENT : Alok Aradhe, J. 1. With the consent of learned counsel for the parties, matter is heard finally. In this petition, the petitioners, inter alia, seek a direction to the respondents to incorporate the names of the petitioners at appropriate places, i.e., Serial No. 310-A below Ashish Badyal, Serial No. 313-A below Navneet Singh Rana, Serial No. 346-A below Sarita Dasgotra in the seniority list in the category of Degree Holders in Power Development Department. The petitioners also seek a writ of mandamus commanding the respondents to consider the case of the petitioners for promotion to the posts of Assistant Engineers in the Power Development Department. 2. Facts giving rise to the filing of this writ petition briefly stated are that the petitioners joined the Power Development Department as Junior Engineers. The petitioners admittedly had acquired the Degrees after qualifying AMIE Section A & B and the petitioners seek seniority with effect from the dates, they have attained Degrees, i.e., AMIE Section (A & B) in terms of SRO 180, dated 26.05.1997, which governs the Service Recruitment Rules of the petitioners. It is the case of the petitioners that though during their service tenure, they have acquired the Degrees, their names are not being included in the seniority list of Degree Holders. The petitioners being aggrieved had approached the respondents seeking redressal of their grievance, however, their claim was rejected vide order dated 12.12.2014. 3. When the matter was taken up today, learned senior counsel for the petitioners submitted that the petitioners had applied under the Right to Information Act, pursuant to which the petitioners have been informed that certain Junior Engineers have been included in the seniority list of Degree Holders. It is further pointed out that pursuant to the application submitted by the petitioners under Right to Information Act, the respondents have informed that the Power Development Department is presently following the Jammu and Kashmir (Subordinate) Services Recruitment Rules, notified vide SRO 381, which governs the service conditions of Subordinate Officials (Non-Gazetted) of Power Development Department. It is further submitted that the petitioners are entitled to inclusion of their names in the seniority list of Degree Holder Engineers in view of the Jammu and Kashmir Engineering Subordinate Service Recruitment Rules, 1997 and in particular Note-2 appended to Schedule-II 'A'. It is further submitted that the petitioners are entitled to inclusion of their names in the seniority list of Degree Holder Engineers in view of the Jammu and Kashmir Engineering Subordinate Service Recruitment Rules, 1997 and in particular Note-2 appended to Schedule-II 'A'. On the other hand, learned Government Advocate has submitted that there is no provision in the Rules for inclusion of Diploma Holders in the seniority list of Degree Holders after they passed the AMIE examination. It is further submitted that amendment in the Jammu and Kashmir Power Development Department (Subordinate) Services Recruitment Rules, are under process and as and when amendment in the Rules is effected, the case of the petitioners for inclusion of their names in the seniority list of Degree Holders shall be considered. 4. I have considered the submissions made by the learned counsel for the parties and perused the record. Note-2 appended to Schedule-II 'A', reads as under: "Note-2. A Junior Engineer Grade-II Diploma holder after acquiring AMIE Section (A & B) shall be treated as degree holder for the purpose of seniority from the date of completion/passing of AMIE Section (A & B)." Thus, it is evident that the Junior Engineers who acquired the Degree shall be treated as Degree Holder from the date of passing of AMIE Section (A & B). Admittedly, the respondents in response to the query made by the petitioners under the Right to Information Act have informed the petitioners that some employees, whose names have been mentioned in the said information, have been included in the seniority list of Degree Holders. It is pertinent to mention here that learned senior counsel for the petitioners has submitted that vide Order No. 292-PDD of 2013, dated 31.12.2013 the respondents have promoted the persons figuring at serial Nos. 11 and 16 as Assistant Engineers from Diploma Holder to Degree Holder. The case of the petitioners is similar to the case of aforesaid employees. Besides, in the absence of any Recruitment Rules and in view of the fact that similar benefit has already been accorded to the similarly situated employees, the action of the respondents in depriving the petitioners of the said benefit appears to be irrational, arbitrary and discriminatory and, therefore, cannot sustain in the eye of law. Besides, in the absence of any Recruitment Rules and in view of the fact that similar benefit has already been accorded to the similarly situated employees, the action of the respondents in depriving the petitioners of the said benefit appears to be irrational, arbitrary and discriminatory and, therefore, cannot sustain in the eye of law. The order dated 12.12.2014, by which the claim of the petitioners for inclusion of their names in the seniority list of Degree Holders was rejected, is hereby quashed. The respondents are directed to include the names of the petitioners in the seniority list of Degree Holders. Let the aforesaid exercise be carried out within three months from the date of receipt of certified copy of the order passed today. With the aforesaid directions, the writ petition is disposed of.