Reservation in promotions declared unconstitutional; seniority must guide promotion decisions.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WPC/463/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No. 5279/2020by the Registry of this Tribunal.

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

“In view of the submissions made herein above, it is, therefore, prayed that this Hon'ble Court may be pleased to issue the following writs D Writ, order or direction in the nature of Writ of Mandamus commanding the Respondents No.1 to 4 to restrain the Respondent No.5 from discharging the duties against the post of Director, Animal Husbandry, Kashmir and to assign the charge of the post of Director, Animal Husbandry, Kashmir to the senior most officer as per final seniority list of Veterinary Assistant Surgeons;

ii) Writ, order or direction in the nature of Writ of Mandamus commanding the Respondents No.1 to 4 not to give benefit of reservation to the Respondents No.5 to 27 for promotion to the posts of Livestock Development Officers and equivalent while acting upon Letter No:ASH/AH/G/1/2015 dated 29.11.2016 issued by the Under Secretary to Government Animal/ Sheep Husbandry Department, with a further direction to make promotions strictly in accordance with the seniority as finalized vide Government Order No:50-ASH of 2013 dated 27.02.2013 of the posts of Veterinary Assistant Surgeons, which is the feeding cadre for promotion to the posts of Livestock Development Officers and equivalent;

iii) Writ, order or direction in the nature of Writ of Mandamus commanding the Respondents No.1 to 4 to make further promotions to the posts of Deputy Directors in the J&K Animal Husbandry Gazetted Service after making regular promotions and thereafter finalization of the seniority list of Livestock Development Officers and equivalent, who jointly form feeding cadre for promotion to the posts of Deputy Directors, without granting any reservation for promotion;

iv) Writ, order or direction in the nature of Writ of Mandamus commanding the Respondents No.1 to 4 to fill up the posts of Joint Directors strictly in accordance with the rules after finalization of the seniority list of Deputy Directors in the J&K Animal Husbandry Gazetted Service after making promotions to the posts of Deputy Directors;

v) Writ, order or direction in the nature of Writ of Mandamus commanding the official respondents to revert the respondents who have been made in-charge of the higher posts by illegally granting them the benefit of reservation by even exceeding the quota prescribed by the reservation rules and to consider the eligible petitioners as also all others in accordance with their seniority;

vi) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be granted in favour of the petitioners and against the respondents along with cost of the petition,

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. 463/2017 which was originally filed before the High Court of Jammu and Kashmir and later transferred to this Tribunal and registered as T.A. No. 5279/2020.

b) The applicants are officers belonging to the Jammu and Kashmir Animal Husbandry Gazetted Service and substantively hold the post of Veterinary Assistant Surgeon (VAS), which is the entry level post in the service constituted under SRO-359 dated 01.12.1988. The applicants were appointed to the said posts on the recomm