SWP No. 139/2016 and MP Nos. 01, 02 and 04/2016. Case: Aftab Ahmad Kakroo and Ors. Vs State of J&K and Ors.. Jammu and Kashmir High Court

Case Number:SWP No. 139/2016 and MP Nos. 01, 02 and 04/2016
Party Name:Aftab Ahmad Kakroo and Ors. Vs State of J&K and Ors.
Counsel:For Appellant: M.I. Qadri, Sr. Advocate and Mushtaq Gandroo, Advocate and For Respondents: B.A. Dar, AAG
Judges:Ali Mohd. Magrey, J.
Issue:Service Law
Judgement Date:February 02, 2017
Court:Jammu and Kashmir High Court
 
FREE EXCERPT

Judgment:

Ali Mohd. Magrey, J.

  1. This petition, though still at admission stage, was heard on 19.12.2016 and the judgment was reserved. Since the matter has been finally heard, it shall be deemed to have been admitted to hearing.

  2. Having considered the matter, it comes to fore that the real purpose of this petition seems to be to pre-empt the State respondents from disturbing the petitioners' seniority as assigned to them in the seniority list notified in terms of order No. 508 (P) of 2010 dated 29.04.2010, though the prayers made in the writ petition are altogether different.

  3. The prayers made by the petitioners in the writ petition are as under:

    In the premises, it is, therefore, prayed that in views of the above submissions, Hon'ble Court may be pleased to:

    a. Issue writ, direction or order in the nature of prohibition restraining the respondents from issuing any final seniority list or otherwise without complying with SRO 210 of 1994 by giving due share to promote Deputy Superintendent of Police.

    b. Issue writ, direction or order in the nature of mandamus commanding the respondents to finalize the seniority list of the posts of Deputy Superintendent of Police/Superintendent of Police by giving due benefit of SRO 210 of 1994 as provided in Rule 3 of said Rules and maintain the seniority of the petitioners as was existing in the year 2010 drawn as per Rules.

    c. Any other writ, direction o order which this Hon'ble court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioner and against the respondents alongwith costs of litigation.

  4. Facts pleaded in the writ petition may briefly be summarized. Petitioner No. 1, Aftab Ahmad Kakroo, was appointed as Sub-Inspector in the year 1982, promoted as Inspector in 1989 and as Deputy Superintendent of Police in his own pay and grade vide Government order No. 136(P) of 1998 dated 18.04.1998. He was later confirmed on the post with effect from 01.11.1999 in terms of Government order No. 36-P of 2002 dated 25.01.2002. Thereafter, on the recommendations of the State Public Service Commission, the Government issued order No. Home-79(P) of 2007 dated 27.02.2007 promoting the petitioner along with 47 other Officers as Superintendents of Police. The petitioner's name figured at serial No. 40 of the said order. He was shown to be promoted as such notionally with effect from 02.11.2003 to 04.11.2003 and regularly with effect from 05.11.2003.

  5. Petitioner No. 2, Ramesh Kumar Jalla, was appointed as Inspector of Police in the year 1984 and is said to have been promoted as Deputy Superintendent of Police on 11.11.1994. Later on, in terms of Government order No. Home-9(P) of 2001 dated 08.01.2001, the petitioner along with two other persons was promoted as Superintendent of Police with immediate effect.

  6. The Government by its order No. 508(P) of 2010 dated 29.04.2010 issued the final seniority list of the gazetted members of the Jammu and Kashmir Police in the rank of Superintendents of Police. Name of petitioner No. 1 figured in the said seniority list at serial No. 79 and that of petitioner No. 2 at serial No. 22. Therein the date of promotion of petitioner No. 1 as Deputy Superintendent of Police was shown as 01.11.1998 and his date of promotion as Superintendent of Police was shown as 02.11.2007. The date of promotion of petitioner No. 2 as Deputy Superintendent of Police was shown to be 11.11.1994 and his date of promotion as Superintendent of Police as 19.12.2000.

  7. It may be mentioned here that earlier the gazetted service of the Police Department in the State was governed by the Jammu and Kashmir Police (Gazetted) Service Recruitment Rules, 1977. These Rules were repealed by the Jammu and Kashmir Police (Gazetted) Service Rules, 1984 which came to be notified by SRO 540 dated 19.10.1984 published in the Government Gazette dated 19.10.1984. However, the 1984 Rules were kept in abeyance by notification SRO 166 dated 22.04.1985.

  8. Meanwhile, the Government in the Home Department issued order No. GR-349(POLICE) of 1986 dated 26.09.1986, according sanction to the provision of: (i) 20% deputation reserve of the total strength of Superintendents of Police and 10% of the total strength of Deputy Superintendents of Police; (ii) 10% leave reserve of the total strength of Superintendents of Police and Dy. Superintendents of Police each; and (iii) 15% training reserve of total strength of the Superintendents of Police in the Jammu and Kashmir Police Gazetted Service.

  9. On 5th October, 1994, the Government vide SRO 210 promulgated the Jammu and Kashmir Gazetted Service Recruitment (Amendment) Rules, 1994. These Rules were made...

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