Seniority once settled and acted upon for a prolonged period cannot be disturbed after a long lapse of time absent fraud or misrepresentation, as it prejudices the employee's career and creates administrative uncertainty.

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The SWP 1033/2017 and SWP 729/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A 4468/2020 & T.A 4469/2020 by the Registry of this Tribunal.

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

TA/4468/2020

I. Certiorari: quashing order No. 220 of 2017 dated 18.4.2017 being yet another final seniority list of SGCT Constables Telecom(1998 batch) and Head Constable Telecom 1998 batch and where under petitioner contrary to his actual entitlement to figure at serial No. 50 for both the seniority lists has been shown at serial No. 209 ( for seniority list of selection grade SGCT and at serial No 204 for seniority list of Head Constable 1998 batch, and for setting aside the same.

II. Mandamus; commanding respondents to show petitioner at serial No.50 for both the seniority lists which is his actual seniority with all consequential benefits.

III. Any other relief that the Hon’ble Court may find petitioner entitled to at the hearing of the petition may also be passed.

TA/4469/2020

I. Certiorari; quashing order No. 179- 2017 dated 15.3.2017 being final seniority list of Constable Operators in Police Telecommunication and where under petitioner contrary to his actual seniority position, where he should figure at serial No. 50 has been shown to figure at serial No. 212 under the so-called alleged category of reappear two subjects, as being arbitrary illegal and against the settled seniority position of petition.

II. Mandamus commanding respondents to show petitioner at serial No. 50 in the seniority list and consider him for all benefits accruing to him from such seniority position

III. Any other relief that the Hon'ble Court may find petitioner entitled to at the hearing of the petition may also be passed.

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

a) The present Transfer Applications arise out of writ petitions SWP No. 1033/2017 and SWP No. 729/2017 which were originally filed before the Hon’ble High Court of Jammu & Kashmir and later transferred to this Tribunal and registered as T.A. No. 4468/2020 and T.A. No. 4469/2020.

b) The applicant was initially selected and appointed as Constable Operator in Police Telecommunication Department on 23.11.1998 after qualifying the prescribed selection process consisting of written test, physical test and interview.

c) After appointment, the applicant was deputed for Basic Induction/Operator Training at Police Telecommunication Technical Training Institute (PTTI), Vijaypur, which was conducted between May 1999 and March 2000. According to the applicant, he successfully completed the training and was never informed about any failure or requirement to re-appear in any subject.

d) Subsequently, a tentative seniority list dated 03.04.2004 of Constables appointed up to 31.12.1999 was issued, wherein seniority was determined on the basis of date of joining. This list was challenged before the Hon’ble High Court in SWP No. 1277/2004. The High Court directed the respondents to consider representations and issue a final seniority list.

e) Pursuant thereto, a revised tentative seniority list dated 26.12.2006 was issued for Constable Operators appointed between 01.01.1998 and 31.12.2001. In this list, the applicant was shown as a pass candidate of the 1998 batch and assigned seniority at Serial No. 58, which was determined on the basis of merit obtained in the first attempt in the training course