Prospective absorption option exercised is irrevocable; cannot claim retrospective seniority without disturbing cadre seniority.

ORDER

Prasant Kumar, Member (Admn.) :-

Aggrieved of the rejection of the claim of the applicant for absorption from 1989 as stenographer instead of 1998 on technical grounds without taking into account the case of Satwant Singh and others, who were given retrospective effect of benefit of absorption in Secretariat Cadre and was similar to the case of the applicant, the applicant has filed the instant OA No.1568 of 2021.

2. The applicant has prayed for the following reliefs –

(i) Allow this application of the applicant.

(ii) Quash the impugned Government Order No. 821-JK (GAD) of 2021 dated 2.9.2021, whereby the claim of the applicant for retrospective absorption as stenographer in J&K Service Cadre has been rejected.

(iii) Direct the respondents to consider conferring retrospective seniority to the petitioner as stenographer in the J&K Secretariat Subordinate Service w.e.f. 1989, i.e. 11.01.1989 and consequential benefits thereafter.

(iv) Pass such other appropriate order as facts of the case demand and Hon’ble Court may deem just and proper in favour of the applicant.

3. The applicant has also prayed for the following interim relief -

(i) Stay the operation of Government Order No. 821-JK (GAD) of 2021 dated 2.9.2021, whereby the claim of the applicant for retrospective absorption as stenographer in J&K Service Cadre has been rejected.

(ii) Pass such other appropriate order as facts of the case demand and Hon’ble Court may deed just and proper in favour of the applicant.

4. The Ld. Counsel for the applicant submits that he was appointed as Urdu Stenographer on ad hoc basis in the office of the Chief Secretary on 11.9.1987. After going through the selection process, conducted by the Service Selection Board, the applicant was appointed as Urdu Stenographer on 11.1.1989 and posted in the office of the Chief Secretary. Due to evolution of English language in documentation field four posts of Urdu Stenographer were converted to Junior Stenographer (English) on 8.1.1998 and these four posts were added to the cadre strength of Junior Stenographer of the J&K Secretariat (Subordinate) Services. The applicant, after being encadred as Junior Stenographer (English), was accorded first in situ promotion by reckoning his earlier service vide Government Order No. 128-GAD of 1999 dated 1.2.1999. However, the respondents opted to utilize the services of the applicant prospectively and not retrospectively. The respondents did not reckon the services of the applicant rendered as Urdu Stenographer as part of his total service as Stenographer in the J&K Subordinate Secretariat Service. The applicant was promoted as Senior Stenographer and then placed as Private Secretary in his own pay and grade with charge allowance vide Government Order 17.6.2016.

5. Aggrieved of non-consideration of his past service rendered as Urdu Stenographer, the applicant approached the Hon’ble High Court through the Writ Petition SWP No. 750/2000 titled Aijaz Hussain vs. State seeking the benefit of absorption retrospectively by claiming the service as Urdu Stenographer. This SWP was dismissed by the Hon’ble High Court on 16.5.2007 and the Division Bench of the Hon’ble High Court also dismissed the appeal filed by the applicant. Based on the judgment dated 22.4.2011 passed by the Single Bench of Hon’ble High Court of Jammu and Kashmir, i