| Citation(s) |
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| 2017 SLG 1813 2017 SLD 1813 = 2017 PLC 1457 |
Supreme Court (AJ&K)
Civil Appeals Nos. 279 of 2014, 286 and 287 of 2015,decision Date : 20-01-2017, heard on: 10-01-2017 On appealfrom the judgment of the Service Tribunal, Dated 22.04.2015in Service Appeals Nos. 611, 612, 613, 614 of 2009, 89 and144 of 2011.
RAJA SAEED AKRAM KHAN, JUSTICE
Abdul Rashid Abbasi, Advocate for Appellant (in Civil Appeal No. 279 of 2014).Raja Akhlaq Hussain Kiyani, Additional Advocate-General for
Respondents Nos.1 to 6 (in Civil Appeal No. 279 of 2014).Farooq Hussain Kashmiri, Advocate for
Respondents Nos.7
Civil Appeals Nos. 279 of 2014, 286 and 287 of 2015,decision Date : 20-01-2017, heard on: 10-01-2017 On appealfrom the judgment of the Service Tribunal, Dated 22.04.2015in Service Appeals Nos. 611, 612, 613, 614 of 2009, 89 and144 of 2011.
RAJA SAEED AKRAM KHAN, JUSTICE
Abdul Rashid Abbasi, Advocate for Appellant (in Civil Appeal No. 279 of 2014).Raja Akhlaq Hussain Kiyani, Additional Advocate-General for
Respondents Nos.1 to 6 (in Civil Appeal No. 279 of 2014).Farooq Hussain Kashmiri, Advocate for
Respondents Nos.7
Civil Appeal No. 279 of 2014MUHAMMAD TUFAIL MIR AND 6 OTHERSVSSECRETARY ELECTRICITY DEPARTMENT, AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR & 12 OTHERSCivil Appeal No. 286 of 2015SHOUKAT AZIZ MIRVSMUHAMMAD NAZIR SHEIKH & 26 OTHERSCiv
Law:
Section:
THIS JUDGMENT PASSED BY: MOHAMMAD AZAM KHAN, CHIEF JUSTICE:---.---The captioned Appeals, Nos.286 of 2015 and 287 of 2015 arise out of the common judgment of the Service Tribunal dated 22.4.2015, whereas, Appeal No. 279 of 2014 arises out of the judgment of the High Court dated 3.7.2014. The matter involved in all the three appeals is the same, therefore, all these appeals are disposed of through this proposed single judgment.2. The appellants in Appeal No. 279 of 2014 preferred writ petition before the High Court for restraining the respondents, therein, from re-examining the seniority list of B.Tech (Hons)/B.Sc. Electrical Sub-Engineers in the Electricity Department issued on 11.2.2009. A learned Judge in the High Court after necessary proceedings has dismissed the writ petition through the impugned judgment dated 3.7.2014.3. The background of Appeals Nos.286 of 2015 and 787 of 2015 is that the respondents herein, in both the appeals filed different appeals before the Service Tribunal against Notifications No. 10675-83/2009 dated 11.6.2009, No. 12515-29/2009 dated 29.6.2009, No. 17417-25/2009 dated 4.9.2009 and No. 17495-17504/2009 dated 4.9.2009, No. 17943-52 dated 6.12.2010 No. 19013-724 dated 11.12.2010, No. 19096-19111 dated 13.12.2010 No. 20380-90 and No. 20391-20400 dated 30.12.2010, on the ground that the appellants, therein, are permanent employees of the Electricity Department presently posted as Sub-Engineers, Electricity, who have also obtained the degree of B.Tech (Hons). The private respondents, therein, who are junior to the appellants have illegally been appointed on current charge basis and officiating basis as Assistant Engineers (B-17) through the above referred notifications. The said notifications have not been communicated to them, however, on gaining the knowledge of the impugned notifications the appeals were filed, hence, from the date of knowledge, the appeals are well in time. It was alleged that the department also issued the seniority lists of B.Tech (Hons) and B.Sc. Electrical Sub-Engineers in violation of the Rules. The appellants are senior to private respondents, therein, and have also better merit and service record, whereas…