The seniority of Drivers can be maintained at a district level as per statutory rules despite prior practices to the contrary.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2826/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1319/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) Certiorari: Quashing the tentative seniority list of Drivers Grade -II (5200-20200+1900) and Grade -I (5200- 20200+2400) in District Jammu, Samba, Kathua Udhampur, Reasi, Rajouri, Poonch, Ramban, Kishtwar & Doda issued by respondent no. vide 5 1/Seniority/2109-2123 dated 24.05.2019 DHS/Es-

b) Mandamus: Directing the respondents not to release the final seniority list of Drivers Grade -II (5200-20200+1900) and Grade -I (5200-20200+2400) in District Jammu, Samba, Kathua Udhampur, Reasi, Rajouri, Poonch, Ramban, Kishtwar & Doda in terms of tentative seniority list issued by respondent no 4 & 5 vide no. DHS/Es-1/Seniority/2109-2123 dated 24.05.2019, till the time the objections are not considered by passing a speaking order which was filed by the petitioners on 29.05.2019 against the above said tentative seniority list before respondent no. 4 & 5.

c) Any other relief which this Hon'ble Court, in facts and circumstances of the case deems fit and proper be passed in favour of the petitioners and against the respondents

3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -

a) The present Transfer Application has its genesis in SWP No. 2826/2019, originally instituted before the Hon’ble High Court of Jammu & Kashmir at Jammu and subsequently transferred to this Tribunal upon re-organization of the erstwhile State, where it came to be registered as T.A. No. 1319/2020.

b) The applicants are serving employees of the Health and Medical Education Department, Government of Jammu and Kashmir, appointed on the post of Driver in different districts of Jammu Division. They assail the action of the departmental authorities in issuing a tentative seniority list of Drivers Grade- II and Drivers Grade-I vide Notification No. DHS/Es- 1/Seniority/2109-2123 dated 24.05.2019, whereby seniority was determined district-wise. According to the applicants, the impugned seniority list has adversely affected their service prospects, including promotion, and is contrary to the established cadre structure governing the post of Drivers.

c) The principal grievance projected by the applicants is that the post of Driver Grade-I and Grade-II has historically been treated as a Divisional Cadre post, and seniority was earlier determined at the provincial/divisional level. It is contended that several employees junior to the applicants were promoted earlier on the basis of such provincial-level seniority, thereby superseding the applicants. The applicants assert that instead of rectifying such anomalies, the department proceeded to issue the impugned tentative seniority list by determining seniority at the district level, which, according to them, is impermissible and inconsistent with the cadre structure.

d) The applicants further contend that a divisional seniority list of Drivers had already been issued in the year 2014, which correctly reflected their seniority position. They allege that the subsequent district-wise seniority list not only unsettles settled seniority but also confers double benefit upon certain employees who had already gained promotions on the basis of earlier provincial seniority. It is pleaded that such an approach results in arbitrariness, discrimination, and hostile treatment.

e) Aggrieved by the issuance of the tentative seniority list dated 24.05.2019, the applicants submitted detailed objections on 2