Mir Ehsaan Ul Haq v. Union Territory of Jammu And Kashmir
2022-11-03
ALI MOHAMMAD MAGREY, SANJAY DHAR
body2022
DigiLaw.ai
JUDGMENT 1. The petitioners have approached the Central Administrative Tribunal by filing an Original Application being OA No.921/2022 claiming the following relief: '8.1 Quashment of impugned Order No. DCB/Estt/2022/1308-21 dated 29.08.2022 passed by Respondent No.5 whereby the final seniority list of Patwaris of District Cadre Bandipora has been issued. 8.2 Directing the Official Respondents to fix the seniority of Patwaris of District Cadre Bandipora, which includes the applicants, in accordance with merit list issued by Respondent BOPEE vide Govt. Order No.201-REV(NG) of 2012 dated 13.08.2012. 8.3 Directing the Official Respondents not to conduct Departmental Promotion Committee till the seniority list is revised in accordance with merit list issued by Respondent BOPEE vide Govt. Order No.201-REV(NG) of 2012 dated 13.08.2012 and the Official Respondents be further directed not to make any promotion to the next higher grade till the final seniority list is revised. 8.4 Any other direction which this Hon'ble Tribunal may deem fit and proper also be issued in favour o f the Applicant and against the Respondents.' 2. In addition to the aforesaid prayers, the following interim order has also been sought by the petitioners: 'Pending final adjudication of the application, the Hon'ble Tribunal may be pleased to stay the operation of the impugned final seniority list issued vide impugned Notification No. DCB/Estt/2022/1308-21 dated 29.08.2022. Further, the Official Respondents be directed not to conduct Departmental Promotion Committee till the seniority list is revised in accordance with merit list issued by Respondent BOPEE vide Govt. Order No.201-REV(NG) of 2012 dated 13.08.2012.' 3. Learned counsel for the petitioners submits that the Tribunal on consideration of the matter and in terms of the order passed on 20th September, 2022 while issuing notice to the other side granted week's time to the counsel for the official respondents to seek instructions with regard to fixation of different criteria in different districts for fixing the seniority of Patwaris which is in contravention of Rule 24 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956. It is further submitted that the matter was again taken up for consideration on 28th September, 2022 and again the respondents' counsel sought time to report instructions for grant of interim relief, which was extended further on 30.09.2022, 10.10.2022, 13.10.2022, 17.10.2022 and lastly on 20.10.2022 but till date the application for grant of interim relief has not been considered and decided. 4.
4. Learned counsel for the petitioner has taken us to the relevant process of selection initiated by the respondents for filling up the posts of Patwaris in various districts of Jammu & Kashmir and also placed on record the orders of appointment made in respect of the petitioners and respondents on different dates. 5. The grievance of the petitioners is that the seniority under challenge before the Tribunal is not formulated and notified in terms of Rule 24 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956. Further submission of the counsel is that the issue stands already settled by a Division Bench of this Court in LPASW No.199/2016 titled Peerzada Altaf Ahmad Shah & Ors. v. State of JK and others. 6. On asking, learned counsel for the petitioners submits that the purpose of filing the writ petition is only to get justice so as to protect the rights of the petitioners and in the event indulgence is not shown by this Court, the lis pending before the Tribunal will become infructuous as the department is contemplating to make promotion to the next higher post on the strength of seniority which is under challenge before the Tribunal in OA. Learned counsel for the petitioners has also produced a copy of the communication issued by the office of the Divisional Commissioner, Kashmir, notifying the date of convening the meeting of the Departmental Promotion Committee on 12th November, 2022 to consider the cases of all eligible officers for promotion including the patwaris. 7. Heard learned counsel for the petitioners and considered the matter. 8. On examining and considering the matter and after hearing learned counsel for the petitioners, we are of the considered opinion that no finding can be recorded or observations made on the subject matter as the same is pending decision before the Tribunal which has the jurisdiction to adjudicate upon the matter. 9. Notwithstanding the above opinion, we feel that the Tribunal should have considered the interim application which is pending before it from 20th September, 2022 and decide the same in terms of applicable law and on the strength of pleadings of the parties. 10.
9. Notwithstanding the above opinion, we feel that the Tribunal should have considered the interim application which is pending before it from 20th September, 2022 and decide the same in terms of applicable law and on the strength of pleadings of the parties. 10. In the above background, we dispose of the writ petition with a request to the Central Administrative Tribunal to decide the interim application or the main OA by or before the date of convening of meeting of the Departmental Promotion Committee. However, in the meantime till decision is made by the Tribunal in the interim application, the Departmental Promotion Committee shall not make any recommendation on the basis of impugned seniority of private respondents. 11. Disposed of in the aforesaid terms.