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Judgment
Learned counsel for the applicant submits that the applicant is a resident of Sadiqabad, Anantnag, and was engaged as a casual/daily-wage labourer in the respondents' department, namely, Electric M&RE Circle, Bijbehara, Power Development Department (now Kashmir Power Distribution Corporation Limited), with effect from 01.01.2003. It is submitted that the applicant has rendered continuous and uninterrupted service ever since and had completed the minimum prescribed period of seven years of engagement as on 31.03.2010, thereby becoming eligible for consideration for regularisation. It is further submitted that this fact stands duly borne out from the departmental record, including the office orders, recommendations of the Superintending Engineer, biometric identification/skill profiling records, and the list of PDL/TDL casual labourers of STD Bijbehara issued vide No. STD/Bij/Estt/2157-60 dated 02.11.2018, wherein the applicant figures at Serial No. 1.
Learned counsel further submits that the applicant has repeatedly approached the respondents by way of representations, including a detailed representation dated 20.11.2023 objecting to the tentative seniority list issued vide Communication No. SE/O&M/KPDCL/5296-5302 dated 13.11.2023. It is also submitted that the applicant served a legal notice dated 27.06.2018 upon the respondents seeking redressal of his grievance, but no effective action has been taken thereon.
It is further contended that the respondents are proposing to regularise, or have already regularised, certain employees by adopting an arbitrary criterion based on the date on which such employees were allotted their CV number or first drew wages, while completely ignoring the date of their initial engagement in service. According to the applicant, the date of initial engagement alone constitutes the relevant criterion under SRO 381 of 1981 and SRO 64 of 1994 for determining inter se seniority and entitlement to regularisation.
Learned counsel submits that, with a view to implementing the aforesaid criterion, the respondents have issued the impugned final seniority list vide Communication No. SE/O&M/KPDCL/2899-2906 dated 09.08.2024, which, according to the applicant, is factually incorrect, arbitrary and prejudicial to his rights, as it adversely affects his claim for regularisation. Having been left with no other efficacious alternative remedy, the applicant has approached this Tribunal by way of the present Original Application.
However, after arguing the matter for some time, learned counsel for the applicant submitted that the ends of justice would be adequately served if the present Original Application is disposed of with a direction to the respondents to treat the same as a representation and consider the claims raised therein, together with the documents annexed thereto, strictly in accordance with law within a stipulated period.
Mr. Rais Ud Din Ganaie, learned Deputy Advocate General, appearing on advance notice, submitted that the respondents have no objection if the present Original Application is disposed of with appropriate directions, without prejudice to their rights and contentions.
**07.**Having heard learned counsel for the parties and perused the material available on record, this Tribunal is of the considered view that no useful purpose would be served by keeping the present Original Application pending, particularly in view of the limited prayer now made on behalf of the applicant.
**08.**Accordingly, without expressing any opinion on the merits of the case or the rival claims of the parties, this Tribunal deems it appropriate to dispose of the present Original Application with a direction to the respondents to treat the same as a representation and accord due consideration to the claims raised therein, together with the documents annexed thereto, subject to the applicant's eligibility and entitlement and in accordance with the applicable rules and regulations, provided there is no legal impediment in doing so.
The respondents shall pass a detailed, reasoned and speaking order, in accordance with law, before finalising the seniority list impugned herein. The aforesaid exercise shall be completed within a period of eight (08) weeks from the date a certified copy of this order is served upon them.
It is made clear that this Tribunal has not expressed any opinion on the merits of the applicant's claim, and all questions of fact and law are left open to be considered by the competent authority while passing the aforesaid order.
With the aforesaid directions, the Original Application stands disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of. No order as to costs.
Registry shall consign the record to the Record Room after due compliance.