For direct recruits selected via a common competitive examination, seniority must be determined strictly by the order of merit assigned during the selection process, regardless of the date of appointment or administrative delays in joining.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.627/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.493/2022 by the Registry of this Tribunal.

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

It is, therefore, respectfully prayed that the petition may kindly be allowed by issuing a writ of certiorari quashing;

i) The notification endorsement No. DES/Seniority /161-A/SA/JDC/6595-6602 dared 2-2-2018 so far as and to the extent the respondents 3 to 9 have been placed above the petitioners in the revised seniority list of Statistical Assistants who have secured less merit in the competitive examination conducted by the Service Selection Board for the post of Statistical Assistants.

ii) The Order No. 67-DES/Camp of 2018 dated 3-2-2018 whereby the respondents no. (7 to 9 have been deputed for undergoing nine months of specialized training course of Statistical Assistants in the Statistical Training School, Jammu from 5-4-2018, as being unconstitutional and discriminatory

With A further writ of mandamus commanding the respondents 1 to 2

i) To fix the seniority of the petitioners according to the position attained and assigned to them in the order or merit at the time of competitive examination and consequently place them at Sr. No. 174 and 176 respectively.

ii) To depute the petitioners for undergoing nine months of specialized training course of Statistical Assistants in the Statistical Training School, Jammu from 5-4-2018, 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 in favour of the petitioners.

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

a) The present Transfer Application arises out of SWP No. 627/2018, which stood transferred from the Hon’ble High Court of Jammu & Kashmir and was registered as T.A. No. 493/2022 before this Tribunal. The applicants assailed the revised seniority list of Statistical Assistants of Jammu Division and the consequential deputation of private respondents for specialized training, alleging violation of Rule 24 of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956.

b) The applicants are permanent residents of the Union Territory of Jammu & Kashmir and were selected as Statistical Assistants pursuant to Advertisement Notice No. 07 of 2010 dated 12.11.2010 issued by the Service Selection Board for Divisional Cadre, Jammu. Applicant No.1 belongs to RBA category and secured 72.86 merit points, whereas Applicant No.2 belongs to Scheduled Caste category and secured 72.19 merit points. Both applicants possess postgraduate qualifications in Computer Science/Information Technology.

c) The Service Selection Board, after completion of the selection process, issued recommendations vide communication dated 06.09.2012. The same were accepted by the Government, and the Director, Economics and Statistics, issued appointment orders in two phases—first on 24.11.2012 and subsequently on 10.12.2012. The applicants were appointed vide the latter order dated 10.12.2012 solely due to the fact that verification reports of their educational qualifications were received later, and not on acco