Judicial decisions regarding seniority cannot be reopened or altered after finality is attained, ensuring administrative stability.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.623/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.759/2021 by the Registry of this Tribunal.

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

a) “Allow this writ petition of the petitioners.

b) Issue a writ in the nature of Certiorari quashing Order impugned being Government Order No. Home-627 dated 17-7-2009 readwith Government Order No. Home-508(p) of 2010 dated 29-04-2010, whereby, the final seniority list has been issued by the official respondents.

c) Issue a writ in the nature of Certiorari quashing the impugned notification dated 12-03-2011 issued by the official respondents, to the extent wherein, the private respondents, who are junior to the petitioners were shown to be inducted in to Indian Police Service against select list of 2006-A and 2007 and the petitioners were shown to be inducted in Indian Police Service against select list of 2008 and 2009.

d) Issue a writ in the nature of Prohibition restraining the official respondents not to disturb the original/earlier status of the petitioners and the seniority position attained by them pursuant to the judgement of the Hon'ble Supreme Court of India and the Hon'ble High Court of J&K and subsequent Government Order No. 1145-GAD of 2003 dated 04-09-2003.

e) Issue a writ in the nature of mandamus commanding the official respondents to consider and treat the petitioners to be promoted as DIG before the placement/promotion of the private respondents no. 7 i.e. w.e.f. 01-01-2014 and further consider the case of the petitioners for promotion to the next higher grade and subsequently grant all consequential benefits in favour of the petitioners.

f) Any/ or to pass any writ, order or direction, which this Hon'ble Court may deems fit and proper in the present set of circumstances.

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

a) The applicants, namely Vijay Kumar, Virender Sharma, Rafiq- ul-Hassan and Deepak Kumar Slathia, have filed the present Transfer Application after the writ petition originally filed before the High Court of Jammu & Kashmir was transferred to this Tribunal. The grievance of the applicants relates to fixation of their seniority in the Jammu and Kashmir Police (Gazetted) Service and the consequent induction into the Indian Police Service (IPS).

b) The applicants state that they had appeared in the Combined Competitive Examination conducted by the Jammu and Kashmir Public Service Commission in the year 1979 for recruitment to various Gazetted services including the Police Gazetted Service. Though they qualified the said examination, they were not appointed at that time. According to them, the State Government had made excessive promotions from the non-gazetted cadre, thereby disturbing the quota between direct recruits and promotees under the relevant recruitment rules.

c) Several candidates including the applicants approached the courts challenging this disparity. Ultimately, pursuant to directions issued by the Hon’ble Supreme Court of India and the Hon’ble High Court of Jammu and Kashmir, the applicants and other similarly situated candidates were appointed as Deputy Superintendents of Police (Dy.SP) in the year 1992 against the vacancies that had arisen earlier within the direct recruitment quota. The applicants assert that these vacancies actually pertained to the period prior to 1984 and therefore their appointme