O R D E R

18.05.2023

1. The petitioner has claimed the following relief in this writ petition:

“a) Set aside Government Order No. ADM/E6-22/672-76 dated 20.05.2017 vide which final seniority list was issued and also Government Order No. CG/PDC/16 of 2017 dated 25.05.2017 vide which Respondent No. 7 was promoted in place of the petitioner. Both these orders have been passed in violation of the order passed by the Hon‟ble Supreme Court of India and Government Order No.GAD/MTG/RB-IV/04/2016 dated 21.06.2016 issued by General Administration Department, Government of Jammu and Kashmir which states that the slots meant for reserved category employees shall be kept vacant/unfilled till the special Leave Petitions are finally heard by the Hon‟ble Supreme Court of India.

b) Direct the Respondent-State to fix the seniority of the petitioner as per the roster applicable.”

2. The petitioner‟s case is that he was appointed on contractual basis as a Geological Assistant in Jammu and Kashmir State Power Development Corporation at Geological Division, Srinagar. His services were regularized, as such, in the said Corporation. A tentative seniority list of Geological Assistants working in the Geological Wing of the Jammu and Kashmir State Power Development Corporation was issued in which petitioner figures at serial No.1 in the category of Scheduled Tribe. It is submitted that after issuance of tentative seniority list, this Court in its judicial pronouncement in a case titled as Ashok Kumar and Ors. Vs. State of J&K and Ors dated 09.10.2015, quashed reservation in promotion in erstwhile State of Jammu and Kashmir. The said judgment came to be challenged before the Supreme Court of India in a number of SLPs. In one of the SLP No. 32820/2015 titled ‘Mohammad Haneef Lone and Ors. Vs. Ashok Kumar Sharma’, the Supreme Court vide order dated 14.12.2015 directed that the status-quo be maintained and in another SLP „titled Vinod Kumar Bhagat and Ors. Vs. State of J&K and Ors‟, the Supreme Court vide order dated 16.02.2016 stayed the operation of Judgment dated 09.10.2015.

3. In view of the two different orders, i.e., one status-quo, and another staying the operation of the judgment dated 09.10.2015 passed by the Supreme Court, the General Administration Department vide Government Order No. GAD/MTG/RB-IV/04/2016 dated 21.06.2016 directed all the Administrative Secretaries to keep the slots meant for reserved category employees vacant/unfilled till the matter was finally heard and disposed of by the Supreme Court.

4. It is further submitted that the Geological Wings of Power Development Department and Power Development Corporation were merged and after merger, a revised tentative seniority list of Geological Assistants working in the Geological Wing of J&K State Power Development Corporation was issued by the respondent no.3 and in view of the aforesaid judgment of this Court, a revised seniority list was issued without applying the clause/principle for reservation in promotions and the petitioner was placed at serial No. 9 in the revised seniority list when as per the roster his seniority should have been fixed at serial No.5 not at serial no.9. Respondent no.3 without assigning any cogent reason rejected the objections so raised to the revised seniority list and issued a final seniority list vide Government Order No. ADM/E6-22/672-76 dated 20.05.2017, in which petitioner was placed at serial no.9. The review objections had to be filed within 15 days of issuance of the final seniority list when the respondents issued orders promoting Respondent no.7, in place of petitioner, as Assistant Geologist within five days of issuance of final seniority list. The petitioner should have been promoted as Assistant Geologist or the said promotion position/post should have been kept vacant/ unfilled till the final disposal of Special Leave Petitions pending adjudication before the Supreme Court of India.

5. It is argued that during pendency of the matter, Article 370 of