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DB issues directives regarding seniority in Prosecution Wing 12/1/2015 12:21:02 AM Early Times Report Jammu, Nov 30: In a LPA filed by Parshotam Lal presently posted as Deputy Director RPHQ and Subash Chander presently posted as Deputy Director ZPHQ challenging the Single Judge directions in regard to the fixation of seniority as Prosecution Officers, a Division Bench (DB) of State High Court allowed the appeal allowed with a direction to the official respondents to re-draw the seniority by placing the appellants above the respondents and give consequential promotions according to the seniority to be re-fixed, within a period of six weeks from the date of receipt of copy of this order. The Division Bench of State High Court comprising Chief Justice and Justice Bansi Lal Bhat after hearing both sides allowed the appeal allowed with a direction to the official respondents to re-draw the seniority by placing the appellants above the Riaz Ahmed Darji as they have passed the Basic Training Course in the first attempt and give consequential promotions according to the seniority to be re-fixed, within a period of six weeks from the date of receipt of copy of this order. However, this order shall not enable the official respondents to recover any monitory benefits already paid to the Riaz Ahmed Darji pursuant to the seniority already given which was up held by the learned Single Judge. While allowing the appeal, Division Bench observed on perusal of the above Rule it is clear that merit in the training course is relevant for fixing seniority. In this case the private respondent could not pass the training course in the first appearance whereas the appellants could pass the same. The private respondent could pass in the second attempt and thus respondent cannot be treated as more meritorious than the appellants. The Single Judge has not considered this aspect and upheld the seniority given to the 3rd respondent and consequential benefits if any. The said finding is unsustainable for the reasons stated. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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