STATE TIMES NEWS
JAMMU: A Bench of Central Administrative Tribunal (CAT) Jammu comprising Rajinder Singh Dogra Member (J) and Raj Mohan Johri Member (A) quashed the Order No. 110 of 2020 dated February 1, 2020 passed by the respondent No. 3 whereby the representation of applicant for fixation of his seniority with the Sub-Inspectors of Batch 2010-11 has been rejected. The respondents are directed to reckon the appointment of the applicant as Sub Inspector in J&K Armed Police notionally w.e.f. the date on which the other selected candidates of the same selection process initiated vide advertisement notice dated January 29, 2009 were appointed.
CAT also directed respondents also directed to reckon the promotion of Suresh Kumar as Inspector w.e.f. January 28, 2022 i.e. the date on which the persons figuring at serial Nos. 52 and 53 of the final seniority list dated December 26, 2019 have been so promoted.
This order has been passed in a petition filed by Suresh Kumar aggrieved of the Order No. 110 of 2020 dated February 1, 2020 passed by the respondent No. 3, whereby the representation of applicant for fixation of his seniority with the Sub-Inspectors of Batch 2010-11 has been rejected, and of the placement given to him in the final seniority list of Sub-Inspectors of J&K Armed Police, issued by the respondent No. 3 vide Order No. 840 of 2019 dated December 26, 2019, at serial No. 221 as against his claim to be placed immediately after serial No. 52 therein, the applicant has filed the above titled original application seeking the following reliefs: Allow the instant application of the applicant alongwith costs. Quash the Order No. 110 of 2020 dated 01.02.2020 passed by the respondent No. 3 whereby the representation of applicant for fixation of his seniority with the Sub-Inspectors of Batch 2010-11 has been rejected; Quash the final seniority list of Sub- Inspectors of J&K Armed Police, issued by the respondent No. 3 vide Order No. 840 of 2019 dated 26.12.2019, in so far as and to the extent the same fixes the seniority of applicant at serial No. 221 as against his entitlement to be placed immediately after serial No. 52 therein; Direct the respondents to notionally treat the applicant to have been appointed in the year 2010 and to, accordingly, fix his seniority amongst, and his pay at par with, the Sub-Inspectors of 2010-11 Batch in the J&K Armed Police. Petitioner also seeking direction to respondents to fix the seniority of applicant amongst the Sub- Inspectors of J&K Armed Police of 2010-11 Batch in accordance with the comparative merit obtained by them in the Basic Training Course and to, consequently, place him between serial No. 52 and serial No. 53 of the final seniority list issued vide Order No. 840 of 2019 dated 26.12.2019.
CAT after hearing both the sides observed that a comparative analysis of the final seniority list dated 26.12.2019 as well as the result notifications of Basic Training Course for 2010-11 and 2013-14 Batches, as have been placed on record with the original application, would reveal that the seniority of the candidates forming the 2010-11 Batch has been fixed from serial No. 17 to serial No. 202 of the final seniority list and that the persons figuring at serial Nos. 52 and 53 of the final seniority list, namely Abdul Rashid Mir and Abdul Majeed Shahien have secured an overall merit of 1230 marks and 1229 marks in the Basic Training Course. The applicant also having obtained a merit of 1230 marks in the Basic Training Course would, as a consequence of his appointment being reckoned retrospectively w.e.f the date other selected candidates of the same selection process were appointed, be entitled to be placed between serial Nos. 52 and 53 in the aforesaid final seniority list dated 26.12.2019 as against the placement actually assigned to the applicant at serial No. 221 therein.
Further, since the aforementioned two candidates figuring at serial Nos. 52 and 53 have been promoted as Inspectors vide order dated 28.01.2022 whereas the applicant has been promoted as Inspector much later on 12.12.2023, the applicant would also be entitled to have his promotion to the level of Inspector reckoned w,e,f, 28.01.2022.
With these observations, CAT allowed the petition and ordered that the Order No. 110 of 2020 dated 01.02.2020 passed by the respondent No. 3 whereby the representation of applicant for fixation of his seniority with the Sub-Inspectors of Batch 2010-11 has been rejected, is hereby quashed. The respondents are directed to reckon the appointment of the applicant as Sub Inspector in J&K Armed Police notionally w.e.f. the date on which the other selected candidates of the same selection process initiated vide advertisement notice dated 29.01.2009 were appointed. The applicant shall not be entitled to any back wages on the principle of ‘no work no pay’, however, he shall be entitled to have all other service benefits computed with reference to the date of retrospective appointment to be notionally reckoned under direction (i) above.
CAT further ordered that the final seniority list of Sub-Inspectors of J&K Armed Police, issued by the respondent No. 3 vide Order No. 840 of 2019 dated 26.12.2019, in so far as and to the extent the same fixes the seniority of applicant at serial No. 221 is also quashed and respondents are further directed re-fix the seniority of the applicant amongst his counterpart selectees of the same selection process in the order of the comparative merit obtained by them Basic Training Course and to consequently place the applicant between serial Nos 52 and serial No. 53 of the final seniority list issued vide Order No.840 of 2019 dated 26.12.2019.
CAT further directed to reckon the promotion of applicant as Inspector w.e.f. 28.01.2022 i.e. the date on which the persons figuring at serial Nos. 52 and 53 of the final seniority list dated 26.12.2019 have been so promoted.