Brij Krishan Bhat vs High Court of J and K

H. Imtiyaz Hussain, J.—Petitioner Brij Krishan Bhat was appointed as Jr. Assistant in the State Judicial Department vide High Court Order

No. 307 dated 7.12.1968 and was posted in the Court of Executive Magistrate Ist Class, Karnah, Tangdar, Kashmir. He joined on 17.12.1968

FN. After serving in various courts as Junior Assistant in Kashmir Division he applied for his transfer to Jammu province and vide order No. 345

dated 11.7.1986 he was transferred to Jammu province and posted in the Court of Munsiff Akhnoor where he joined on 12.11.1986.

The petitioner's grievance is that the respondents have not taken into consideration his services rendered in Kashmir Division from 17.12.1968

to 12.11.1986 while fixing his seniority, he was granted promotion by taking his date of appointment w.e.f. 12.11.1986 instead of 17.12.1968, his

juniors stand promoted to higher posts whileas the petitioner's claim for the same has not been considered.

The respondents state that the petitioner's seniority cannot be fixed as per the date of his first appointment as he was at his own request

transferred to Jammu province where he figured at the end of seniority list.

Perusal of the annexures placed on file would show that in the year 2004 a tentative seniority list of the non-gazetted employees of subordinate

courts was issued by the Secretary to Hon'ble Chief Justice vide No. 416/PSY dated 17.8.2004. The petitioner has been shown in the list at S.

No. 88. The petitioner has filed objections to the seniority list which have duly been forwarded to the Principal Secretary to Hon'ble Chief Justice

J&K. It is stated by the respondents that the representation was placed before the Committee but they have not stated in the objections what was

the outcome and what decision was taken by the committee on his representation. Before proceeding further let the Principal Secretary Hon'ble the

Chief Justice inform the Court, by filing a supplementary affidavit, about the result of the representation of the petitioner. If an order has been

passed in this behalf, a copy of the same be placed on file.

List after two weeks.