Excelsior Correspondent
JAMMU, Dec 22: Division Bench of State High Court comprising Justice Hasnain Massodi and Justice B S Walia today gave verdict against maintaining of common seniority list of the Sub-Inspectors of all the wings of the State Police and stated that interference in the existing position after enormous delay is likely to usher in a state of anarchy.
The question regarding maintaining of common seniority list at the level of Sub-Inspectors of the Executive, Armed, Auxiliary and Telecommunication Wings of J&K Police figured before the State High Court through two different writ petitions titled “Farooq Ahmed Mir and Others Versus State” and “Adil Rasheed Zargar and Others Versus State”.
Through these petitions filed by the Sub-Inspectors of J&K Armed Police and Telecommunication Wing, intervention of the High Court was sought for maintaining common seniority list of Sub-Inspectors on various grounds.
The Single Judge, while allowing the writ petitions, had held that the entire police force was a single entity and a common seniority had to be maintained and promotions made accordingly.
However, the judgment of the Single Judge was challenged by the State before the Division Bench on various grounds. The State through Additional Advocate General, Wasim Sadiq Nargal submitted before the Division Bench that in case the respondents/petitioners were not satisfied with the allotment of the cadre then they should have agitated the matter immediately.
“The petitioners in full knowledge of the factual position and without any protest or demur joining the Armed Cadre of the police knowing fully well that seniority in the two cadres-Armed and Executive was to be maintained separately, therefore it could not be said that the respondents/petitioners had joined as SIs in the Armed Police with a belief that there would be common seniority with the Executive Cadre”, AAG Nargal submitted, adding “besides the claim is being hit by delay and laches”.
It was further submitted that the judgment of the Single Judge was without considering Rule 6 of the J&K Police Rules, 1960. “In view of Rule 6, separate seniority list could be maintained”, the State again submitted.
After hearing arguments of both the sides and referring to various judgments, the DB gave verdict against maintaining of common seniority list of SIs of all Police Wings. “We are of the considered view that the respondents ought to have made a demand to the competent authority highlighting the grounds for accepting the claim for inter-range seniority and only on refusal of the same the writ petition ought to have been filed before the Single Judge”, the DB said.
“As is apparent from the facts of the instant case, the respondents were appointed as SIs in the Armed Police in 1989 and as per their own showing the respondents were maintaining separate seniority lists for Armed Police and other wings since the beginning as also making promotions on the said basis”, the DB said, adding “on account of delay in approaching the court as also on account of rights having accrued in favour of third parties as also position with regard to seniority having attained permanence, we are of the view that the respondents are not entitled to the issuance of a writ of mandamus”.
“The belated approach is impermissible as in the meantime interest of third parties gets ripened and further interference after enormous delay is likely to usher in a state of anarchy”, the DB said.
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