Back
1999 Supreme(J&K) 252
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
G.L. Raina, J.
Hafizullah Mir & Ors. - Appellant
Versus
State Of J&K - Respondent
SWP No. 1107/1993
Decided On : 15 September, 1999
Advocate For Appellant: B.A. Bashir
Advocate For Respondent: G. Ali
The principles of natural justice, fair-play, and equity, as well as the constitutional mandate of Articles 14 and 16, require that employees who are transferred from one department to another should be given credit for their prior service.
Headnote:
REVENUE SUBORDINATE SERVICE - SENIORITY - TRANSFER OF PLOs TO REVENUE DEPARTMENT - RECKONING OF PRIOR SERVICE - CONSTITUTIONAL PRINCIPLES - FAIRNESS AND EQUITY - WRIT PETITION ALLOWED.
Fact of the Case:
PLOs appointed in 1974 were transferred to the Revenue Department in 1981 and redesignated as Naib Tehsildars. Their prior service from 1974 to 1981 was not reckoned for determining their seniority in the Revenue Department.
Finding of the Court:
The court held that the petitioners' prior service as PLOs should be reckoned for determining their seniority in the Revenue Department. The court relied on the principles of natural justice, fair-play, and equity, as well as the constitutional mandate of Articles 14 and 16.
Issues: Whether the petitioners' prior service as PLOs should be reckoned for determining their seniority in the Revenue Department.
Ratio Decidendi: The court held that the petitioners' prior service as PLOs should be reckoned for determining their seniority in the Revenue Department because: * The petitioners were transferred to the Revenue Department without their consent. * The petitioners had undergone the Revenue Training Course in 1974, which was relevant to their work as Naib Tehsildars. * The petitioners were entitled to the same treatment as other employees who had been transferred from other departments to the Revenue Department and had been given credit for their prior service. * Denying the petitioners credit for their prior service would violate the principles of natural justice, fair-play, and equity, as well as the constitutional mandate of Articles 14 and 16.
Final Decision: The court allowed the writ petition and quashed the impugned order that had fixed the petitioners' seniority on the basis of their date of redesignation as Naib Tehsildars. The court directed the respondents to fix the petitioners' seniority on the basis of their date of appointment in the Government service, which was September 1974.
2. The Government vide its order No. 2278-GD/74 accorded sanction to the creation of eighty temporary posts of PLOs, in the pay scale of Rs. 370-15-400-EB-20-580, in the Law department with effect from 01 -10-1974. These posts were created for the adjustment of the stipendiary PLOs who were to be in the said cadre under the Administrative control of the Law Department. Powers in respect of postings and transfers of these officers got vested with the Law Department.
3. In pursuance to the above said order the appointment of stipendiary PLOs came to be made vide Government order No.9 1 -LD (A/ 74) dated: 28-09-1974. The appointments took effect from 01-10-1974. Annexure to this Government order not only indicated the status of the petitioners and other appointees but also indicated their place of postings as such PLOs. This Government order provided that the PLOs appointed vide the annexure shall be deemed to have been transferred to the department/offices to the extent of posting made in each department/office.
4. In terms of this order petitioner Hafizullah Mir came to be posted as PLO in the office of Deputy Commissioner, Srinagar. Petitioner Showkat Ahmad Saleem came to be posted as such PLO in the office of Joint Director, Industries, Kashmir. Petitioner Mehraj-ud-din Wani got posted with the Vigilance Commissioner, Srinagar. Petitioner Manzoor Ahmad Yasvi got posted in the office of Tehsildar, Uri, Petitioners Ali Mohd Shah, Mohd Ramzan Rather, Mohd Hafiz Bakshi, Zahoor Ahmad Bhat and Ab. Rehman got. in terms of this order, posted in the office of Chief Engineer PWD, R&B, Srinagar, Law-Department, Deputy Commissioner™s office Srinagar, Tehsildar™s Office, Sopore and Deputy Commissioner™s Office Anantnag respectively. The Government vide its order No. 1870-GD/81 dated 11-11-1981 transferred the 80 PLOs partly to police department and partly to Revenue department. Thirty posts of PLOs were transferred from Law Department to the Police Department and 42 posts of the PLOs got transferred from Law Department to the Revenue Department along with the incumbents. The PLOs who thus got transferred to the Police Department got redesignated as Prosecuting Inspectors while as the PLOs transferred to the Revenue Department came to be redesignated as Naib Tehsildars.
5. Petitioner herein transferred along with the posts vide the said Government order to the Revenue Department and came to be redesignated as Naib Tehsildars. One of the PLOs namely Harmindar Singh who got, in terms of the Government order dated: 11-11-1981. transferred to the Revenue Department and redesignated as Naib Tehsildar filed the writ petition No. 217/82 in the court to get it declared that his services having been transferred from the Law Department alongwith the post to the Revenue Department by virtue of the Government order No. 180GD/81 and he having been redesignated as Naib Tehsildar, was eligible to sit in the Tehsildar Departmental Examination. The writ was allowed and the court held that he was eligible as such Naib Tehsildar to take the Tehsildar Departmental Examination
6. Having joined the Government service substantively with effect from 01-10-1974 and their designation having been changed in August 1981, the petitioner claim the whole service w.e.f. October 1974 as relevant for determination of their
