Mohd. Shabir And Others vs State Of Jammu & Kashmir And Others

Impugned in this petition is Order No.CEO/P/N/NT/39683-39685 dated 10th of March, 2018 passed by respondent No.3 whereby respondents 5 to 22 (hereinafter referred to as private respondents) have been found eligible for their placement to the post of Laboratory Assistants in District Cadre Poonch of the School Education Department. The petitioners also seek a direction to the respondent No.3 to reframe the tentative seniority list of Class-IV employees borne on the District Cadre Poonch of the School Education Department and to accord consideration to the petitioners for promotion to the post of Laboratory Assistant in terms of criteria laid down by the respondents vide Order No. DSEJ/Gen/11258-69 dated 20th of August, 2014.

The facts, in brief, projected in this writ petition are that the petitioners in terms of their appointment orders appended with the petition as Annexure-A were appointed as Class-IV employees in District Cadre Poonch on different dates. The petitioners claim that they have been continuously and regularly performing the duties as Class-IV for the last 8 to 10 years and by dint of their long unblemished service, they have acquired requisite eligibility for promotion to the post of Laboratory Assistants. Respondent No.3 vide impugned communication promulgated a tentative seniority list of Class-IV employees of School Education of District Poonch as it stood on 10.03.2018. Respondent No.3, as is apparent from the impugned communication, found only 18 Class-IV employees eligible for their placement as Class-III employees. The petitioners claim that in the aforesaid tentative seniority list, the candidates possessing Matric and 10+2 have been shown eligible for promotion to Class-III/Laboratory Assistant. The petitioners make a reference to communication of respondent No.2 issued vide his No.DSEJ/Gen/11258-69 dated 20.08.2014 whereby a direction has been issued to all the Chief Education Officers of the Jammu Division to issue placement orders of Lab. Bearers/Lib Bearers and other cadres of Class-IV as Lab. Assistant/Lib. Assistant/Jr. Assistant in their own pay and grade for a period of six months and subject to the confirmation by the Departmental Promotion Committee on the basis of criteria laid down in the aforesaid communication. The petitioners, feeling aggrieved, of the manner in which respondent No.3 had framed the tentative seniority list made representation to him to re-frame the tentative seniority list in the light of the criteria indicated in the communication of the respondent No.2 dated 20.08.2014. The grievance of the petitioners, in nutshell, is that their representation has not been considered by the respondent No.3 nor has he reframed the seniority list so as to bring it in conformity with the criteria laid down in the communication of respondent No.2 dated 20.08.2014. In this background, the petitioners seek writs prayed for in this petition.

Private respondents have filed their objections and have objected to the maintainability of the writ petition on the ground that the petitioners have deliberately not brought to the notice of this Court that the seniority of Class-IV employees of District Poonch has already been finally settled. As is evident from the communication of respondent No.3 bearing No. CEO/P/NT/31121 dated 18.12.2017, the petitioners are figuring at S.No.258, 122, 264, 210, 288 and 175 respectively, whereas, the private respondents are figuring much higher in the seniority list. The respondents have further clarified that the impugned communication issued by the respondent No.3 is not a tentative seniority list of Class-IV employees of District Cadre Poonch but only eligibility list of 18 senior most Class-IV employees, who have entered the zone of consideration for promotion to the posts of Class-III in the list. It is stated that had the impugned communication been a tentative seniority list then it would have included in it the names of all the Class-IV employees working in the District.

Mr. Gupta, appearing for the official respondents states that the writ petition filed by the petitioners is grossly misconceived. He states that the respondent No.3 has already issued the final seniority list in terms of the communication dated 18.12.2017, as per which the petitioners who are appointees of the year 2000 and above are figuring very low and therefore, cannot be considered for promotion against the Class-III posts available in District Poonch.

Having heard learned counsel for the parties and perused the record, I am of the view that the writ petition is grossly misconceived and therefore, deserves outright dismissal. Admittedly, the petitioners came to be appointed as Class-IV in the year 2003, 2006 and 2010 and therefore, have been accordingly placed in the final seniority list issued by the respondent No.3 vide No.CEO/P/NT/31121 dated 18.12.2017. The petitioners have not raised any objection against the aforesaid seniority list nor have challenged the same in the instant petition. It is not the case of the petitioners that the persons shortlisted in the impugned communication for the purposes of placing them as Class-III are junior to the petitioners. From the cursory look on the impugned communication, it is apparent that all the 18 candidates indicated in the impugned communication possess the qualification of Matric and above and therefore, fall in the zone of consideration for promotion to the post of Laboratory Assistant/Library Assistant/Junior Assistant etc. in the School Education Department. That apart, impugned communication itself makes a provision for filing objections if any candidate is aggrieved or is left out. The petitioners, as is evident, have made representation(s) to the respondent no.3 as well. That being the position, the petitioners, without even waiting for the outcome of their representation(s)/objections, have rushed to this Court to pre-empt the placement of the private respondents, who have been shortlisted by the respondent No.3 for promotion in terms of the impugned communication.

In the facts and circumstances explained above, this Court is of the firm view that the petitioners have failed to make out any case for the grant of writs prayed for in this writ petition. As noted above, the respondents have already represented against the impugned communication and it would be in the fitness of things if the respondents consider the representation of the petitioners and dispose it of by indicating the reasons. This however, is left to the respondents to consider and take a call. It may also be emphasized that while making promotion to the posts of Laboratory Assistants/Library Assistants/ Junior Assistants etc., respondent No.3 shall adhere to J&K Education Subordinate Services Recruitment Rules, 2008 issued vide SRO 308 of 2008 dated 16.10.2008 in letter and spirit.

For the aforesaid reasons, I find this writ petition without any substance and pre-mature as well and the same is, accordingly, dismissed along with connected IA(s).