Excelsior Correspondent
JAMMU, Nov 27: High Court has quashed the promotion of six Assistant Controllers in the Legal Metrology Department.
The order was passed in a petition filed by Rajesh Heera and others seeking quashment of communication dated 13.09.2012 addressed by J&K Public Service Commission to Secretary to Government, Consumer Affairs and Public Distribution Department insofar as it pertains to recommendations of DPC/PSC for retrospective regularization of in-charge promotion of Ajay Kumar, Anita Sharma, Anil Kumar, Nazir Ahmed Dar, Kuldeep Raj and Ishaya Punchok as Assistant Controllers in violation of J&K Legal Metrology (Gazetted) Services Recruitment Rules, 2005.
The ground behind challenging the communication was that promotions have been made beyond 50 per cent of the quota reserved for promotion of Inspectors, Legal Metrology to the posts of Assistant Controllers, Legal Metrology. The petitioners also prayed for quashment of the tentative seniority list of Assistant Controllers insofar as the same includes the name of Ajay Kumar, Anita Sharma, Anil Kumar, Nazir Ahmed Dar, Kuldeep Raj and Ishaya Punchok as well as writ of mandamus directing the respondent to consider the appointment of the petitioners as Assistant Controllers with effect from 24.10.2011 instead of 20.03.2012.
After hearing Advocate Abhinav Sharma for the petitioners, Justice Alok Aradhe observed, “the case of the petitioners is that promotion to private respondents can be given with retrospective effect subject to their eligibility and the fact that they have worked on the post on in-charge basis from an anterior date as well as fact that the vacancies must exist in the promotional quota”.
“It is the case of the petitioners that at the time when the seniority was sought to be given to the private respondents there were no vacancies in the promotional quota. This aspect of the matter is required to be examined by the official respondents”, High Court.
“It is not necessary for this court to examine several other contentions raised by the parties. The impugned order dated 05.02.2016 by which final seniority list of Assistant Controllers, (State Cadre) of Legal Metrology Department was issued is hereby quashed. The order dated 28.09.2012 insofar as it pertains to retrospective promotion of Ajay Kumar, Anita Sharma, Anil Kumar, Nazir Ahmed Dar, Kuldeep Raj and Ishaya Punchok as Assistant Controllers, Legal Metrology is also quashed”, Justice Aradhe said.
The competent authority was directed to decide the objections preferred by the petitioners with regard to tentative seniority list by a speaking order after affording an opportunity of hearing to them within a period of two weeks and thereafter issue the final seniority list depending upon the decision taken by the competent authority.
“The decision shall also be taken with regard to grant of benefit of retrospective promotion to Ajay Kumar, Anita Sharma, Anil Kumar, Nazir Ahmed Dar, Kuldeep Raj and Ishaya Punchok”, High Court directed.
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