Excelsior Correspondent
JAMMU, Aug 26: In a petition filed by Suresh Kumar Sharma, Member of Jammu and Kashmir Public Service Commission seeking direction to the respondents to frame and fix seniority of the Members of the Commission, High Court today issued notice to Chief Secretary, Commissioner/ Secretary, General Administration Department, Public Service Commission through its Secretary and Members of the Commission.
During the course of hearing, Advocate Abhinav Sharma appearing for the petitioner said that the petitioner after competing in the Jammu and Kashmir KCS Examination, was initially appointed as Munsiff and on account of seniority coupled with performance, integrity, dedication and devotion, was finally promoted as District and Session Judge in the month of July 2004 and consequently became Member of J&K Higher Judicial Service and was placed in Super Time Scale in January 2014.
After the promotion of the petitioner as District and Session Judge in the year 2004, he was posted as Principal District and Session Judge, Poonch, Principal District and Session Judge, Samba, Special Judge Anticorruption, Srinagar, Registrar Judicial in J&K High Court, Registrar General of J&K High Court and finally was posted as Special Judge CBI Court as well.
While the petitioner was serving as Special Judge CBI Court, the Governor, in exercise of powers vested under Sub-Section (1) of Section 129 of the Constitution of J&K, appointed the petitioner along with private respondents as Members of J&K PSC.
Since the notification appointing the petitioner along with private respondents as Members of PSC did not make it clear as to how the seniority of the Members so appointed was to be reckoned, the petitioner assumed that the serial order given in the notification was being construed as the seniority position, the counsel for the petitioner further submitted.
Since the same was not inconsonance with the judgment rendered by the Supreme Court and the view taken in the Judgment was reaffirmed in the land mark judgment titled “National Judicial Appointment Commission” rendered in the year 2015, the petitioner moved a representation to the Principal Secretary to the Governor whereby the petitioner requested for fixation of the seniority at Sr. No. 1 amongst the eight (8) members which include the private respondents, appointed vide SRO 235 dated 23.07.2015.
“Though the representation was made by the petitioner on January 31, 2016 yet despite the expiry of a period of more than four months, neither the representation of the petitioner has been considered and decided, nor the seniority of the Members inter-se i.e. petitioner and private respondents fixed till date”, the counsel for the petitioner said, adding “right to seek fixation of seniority is a fundamental right guaranteed to the petitioner under Article 16 of the Constitution of India and the respondents were under not only statutory but Constitutional obligation to fix the seniority of the petitioner and the private respondents inter-se”.
“Since the respondents have failed to discharge their obligations, despite a specific demand / prayer by the petitioner, therefore, the petitioner is well within his right to seek writ of mandamus, against the respondents to discharge their not only statutory, but constitutional obligations as well”, the petitioner’s counsel said.
After hearing in length the counsel for the petitioner, Justice Janak Raj Kotwal issued notice to Chief Secretary, Commissioner/ Secretary, General Administration Department, Public Service Commission through its Secretary and Members of the Commission.
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