Seniority is a civil right with direct promotional consequences; it cannot be varied by altering foundational facts (appointment date/cadre) without a transparent, reasoned process and adherence to principles of natural justice.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WPC/78/2015 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.8087/2021 by the Registry of this Tribunal.

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

“It is, therefore, prayed that the writ petition may kindly be allowed and a writ of certiorari quashing the seniority list dated 30.06.2014, the order dated 20.10.2014, whereby private respondents have been illegally and arbitrarily promoted and placed as I/C senior assistants, may kindly be passed with a further writ of mandamus, directing the respondents No. 1 and 2 to consider the case of the petitioner for promotion as per date of first appointment, date of first promotion, home district and the service rules corrections in the making the necessary provided there for, after seniority list dated 30.06.2014 Any other writ petition / direction or order which the Hon'ble Courts deems necessary may also be passed in favour of the petitioner.”

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

a) The present Transfer Application arises out of SWP/WPC No. 78/2015, which was originally instituted before the Hon’ble High Court of Jammu & Kashmir and, upon reorganisation, stood transferred to this Tribunal and registered as T.A. No. 8087/2021.

b) The applicant, Munish Sharma, claims to be a permanent resident of the erstwhile State of Jammu & Kashmir and asserts that he is entitled to all constitutional and statutory protections guaranteed under law. He contends that he was appointed as an Orderly on compassionate grounds under SRO-43 of 1994 vide Government Order No. 307-PW of 1997 dated 25.06.1997, against the death vacancy caused due to the demise of his father, who was serving as a Senior Assistant.

c) According to the applicant, his father was originally borne on the Jammu establishment and, though transferred to Rajouri at the time of death, continued to retain lien in his parent district, i.e., Jammu. It is on this basis that the applicant asserts that his compassionate appointment ought to be treated as one against the Jammu District cadre.

d) The applicant joined service on 01.08.1997 and was promoted as Junior Assistant in the year 2003. He continued to serve at different places within Jammu Division. In the year 2007, a district-wise tentative seniority list of Junior Assistants was issued, wherein the applicant was shown at Serial No. 49 in District Jammu, while private respondents were placed below him. The applicant claims that even though the date of first appointment was incorrectly recorded, his inter-se seniority vis- à-vis the private respondents clearly reflected his senior position.

e) In 2014, the department issued a fresh tentative seniority list of Junior Assistants of the PHE Department, Jammu. The applicant’s name figured at Serial No. 16, whereas the private respondents were shown much below him. However, the applicant points out that once again incorrect particulars were recorded against his name, including the date of first appointment, date of promotion, and district cadre, wherein he was wrongly shown as belonging to Rajouri District.

f) The applicant states that he raised oral objections to these errors and was assured by the department that the same would be rectified at the stage of finalisation. Contrary thereto, the respondent-department issued an order dated 20.10.2014, placing the private