For direct recruits via common exam to district posts but with delayed appointments, combined seniority for divisional promotions fixed by merit position under Rule 24(1)(b), not length of service, where Decentralization Rules are silent on inter-district ordering.

ORDER 

Per Hon’ble Mr. Prasant Kumar, Member (A) :-

By virtue of this OA the applicants have challenged the common seniority list of Forest Guards issued by official respondents and pray for promotions to the post of Dy. Foresters in their respective district cadre posts strictly in terms of Rule-22 of Decentralization and Recruitment Rules, 2010.

2. Accordingly, the applicants have prayed for the following reliefs:-

“(i) Call for the records of the non-applicants;

(ii) Quash and set-aside the impugned combined seniority list dated 22.02.2022 (should be 22.02.2023) Annexure-A1, the consideration order - Annexure-A2 and the circular dated 23.02.2023- Annexure-A3.

(iii) Direct the non-applicants to notify the seniority of the applicants and the non-applicants in their respective district cadre posts strictly in terms of Rule-22 of Decentralization and Recruitment Rules, 2010 and that in the event of settlement of combined seniority for affecting promotion to the Divisional Cadre posts of Dy. Foresters, strictly adhere and follow the principle of length of continuous service, based on the date of first substantive appointment (i.e. date of entry/date of membership) in the posts of Forest Guards.

(iv) Prohibit the non-applicants from acting upon the impugned combined seniority list – Annexure- A1/Circular-Annexure-A3.

(v) Pass any other order or direction which the Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the applicants and against the non-applicants.

3. Interim relief prayed for by the applicants include direction to the non-applicants not to accord any consideration for promotion to the posts of Deputy Foresters based on the impugned combined seniority list, pending disposal of the instant OA.

4. Case of the applicants, in a nutshell, is as under:-

4.1 In pursuance of an advertisement, bearing no. 01 of 2011 notified by the JKSSRB, inviting applications for filling up the district cadre posts of Forest Guards in the pay scale of Rs. 5200- 20200, the applicants herein applied for the same and on being selected were offered orders of appointment. According to the applicants, separate notifications of selection were issued in favour of the candidates selected against the posts available in their respective districts where-after the respondents issued orders of appointment of the Forest Guards for various districts of Kashmir Division based on the merit obtained by the appointees in their respective districts during the selection process.

4.2 For giving promotion to the posts of Dy. Foresters in the Divisional Cadre, the respondent department have issued series of combined seniority lists of the Forest Guards borne on district cadres of all the ten districts in Kashmir Division from time to time, including combined seniority list dated 18.12.2021 and 22.02.2022 (should be 22.02.2023) (Annexure-A1).

2.3 The combined seniority list dated 18.12.2021 was challenged by some applicants before this Tribunal through OA No. 32 of 2022, wherein by virtue of order dated 19.01.2022, respondents by way of interim measure, were directed to consider the representation. The applicants therein filed the Contempt Petition for non compliance. Thereafter the respondent department have passed the consideration order dated 04.04.2022 showing substantial compliance. In pursuance thereof, the Contempt Petition was closed and the notices issued to respondents were discharged. Sim