Senior employees in identical positions must receive equal evaluation for promotions, especially under reserved categories, without discrimination.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 185/2012 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/6366/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “writ of certioran and quo warranto quashing office order No DSHJ/Estt/NG/13884-89 dated 7-1-2012 issued by respondent No.2 in so far as and to the extent, respondent No.3 has been promoted under RBA category to the post of Head Assistant in the Sheep Husbandry department and adjusted as such in the office of District Sheep Husbandry Officer Kishtwar, as being unconstitutional, contrary to the recruitment rules and SRO 272, illegal and discriminatory.

With

A further writ of mandamus commanding the respondents 1 and 2 to promote the petitioner as Head Assistant in the Sheep Husbandry department, w.e.f. 7-1-2012 with all consequential benefits i.e pay and salary seniority etc.

Costs of the petition with such other additional or alternate relief which this Hon'ble court may in the facts and circumstances of the case deem fit and proper be also awarded to the Petitioner.

3. The facts of the case as averred by the petitioner in his pleadings are as follows:

a) The petitioner is a permanent resident of the erstwhile State of Jammu and Kashmir and a citizen of India. He passed the Matriculation examination in the year 1972 and joined government service as a Class-IV employee in the Sheep Husbandry Department on 19.01.1976. He was subsequently promoted to the post of Junior Assistant in December 1981 and thereafter to the post of Senior Assistant vide order No. DSHJ/Estt/NG/2009-10/1590-95 dated 18.05.2009 issued by respondent No.2. In the seniority list of ministerial staff of the Sheep Husbandry Department issued on 01.02.2007, the petitioner was placed at Serial No. 1 in District Doda.

b) Respondent No.3, Mohd. Sharif, was initially appointed as a Class-IV employee on 12.09.1998 and promoted as Junior Assistant in May 2005. Consequently, he was junior to the petitioner by nearly 24 years in service. In the seniority list of Junior Assistants of District Doda, respondent No.3 was placed at Serial No. 5. Despite being junior, respondent No.3 was promoted as Senior Assistant vide order dated 09.06.2009, but the same was kept in abeyance on representation by Mst. Shahina Begum vide order dated 22.07.2009. Later, vide order No. DSHJ/Estt/NG/5582-86 dated 05.08.2009, both Shahina Begum and respondent No.3 were promoted, with the latter placed below Mst. Shahina Begum in seniority.

c) In the tentative seniority list of Senior Assistants issued on 31.07.2010 for the Jammu Division, the petitioner was placed at Serial No. 23 with the date of promotion as May 2009, while respondent No.3 was placed at Serial No. 26 with the date of promotion as August 2009. This clearly reflected that the petitioner was senior to respondent No.3 in both Junior and Senior Assistant cadres.

d) The petitioner belongs to Mohra Danar, a hamlet of revenue village Tathar, which was not earlier notified as a backward area due to an administrative oversight. Upon representations by residents, the J&K State Commission for Backward Areas, after due enquiry, recommended inclusion of Mohra Danar in the list of backward areas. The Government accordingly issued SRO 74 dated 07.03.2011 declaring Mohra Danar as a backward area. Thereafter, the petitioner applied for and was issued a Backward Area (RBA) certificate by the Tehsildar Banihal vide No. 731-35/BCG dated 17.09.2011, which he submitted to respondent No.2 along with an application dated 23.09.2011 request