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| DB upholds writ Court direction regarding reframing seniority of Patwaris | | | Early Times Report
Jammu, Mar 5: In a LPA filed against the judgment of writ Court regarding reframing the seniority of the Patwaris, a Division Bench of State High Court Comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar, dismissed the LPA and upheld the direction of writ Court whereby Writ Court directed to the official respondents to reframe the seniority of the Patwaris strictly in terms of Rule 24 of the Jammu and Kashmir Civil Services (Classification, control and Appeal) Rules, 1956 .
In the LPA it was submitted that pursuant to selection conducted by J&K Service Selection Board, a select list for the posts of Patwaris District Cadre Kathua was prepared in which name of the writ petitioners figured above the name of some of the private respondents in the writ petition. However, the orders of appointment in the case of some of the candidates were issued on 18.02.1999 whereas orders of appointment in case of others could be issued only on 25.02.1999, due to late receipt of character verification reports from Criminal Investigation Department. The Revenue Department prepared a tentative seniority list wherein the name of writ petitioners figured below the private respondents in the writ petition. The aggrieved candidates objected to the tentative seniority list but their objection was rejected on the ground that the benefit of seniority could not be given to the writ petitioners for the reason that they had been appointed later in point of time than the private respondent in the writ petition.
DB after hearing both the sides observed that In terms of Jammu and Kashmir Revenue (Subordinate Service) Recruitment Rules, 2009, seniority of members of the service which includes Patwaris as well is required to be maintained as per Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956. The official respondents by laying down a condition in the appointment order cannot change the statutory rules which provide for fixation of seniority of the members of Revenue Subordinate Service including Patwaris. With these observations, Division Bench dismissed the LPA found to be without any merit. |
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