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HC notice to CS in petition on fixation of PSC member's seniority 8/26/2016 11:23:44 PM Early Times Report Jammu, Aug 26: In a petition filed by a PSC member, seeking direction to respondents to frame and fix the seniority of PSC members, high court judge Janak Raj Kotwal today issued a notice to the chief secretary. The notice was also issued to GAD secretary, PSC and its members. Petitioner Suresh Kumar Sharma's counsel submitted that while he was serving as special CBI court judge, the J&K governor, in exercise of powers vested under sub-section (1) of section 129 of the Constitution of J&K, appointed him alongwith private respondents as a PSC member. He said since the notification appointing the petitioner and private respondents as PSC members did not make it clear as to how the seniority of members so appointed was to be reckoned and in the absence of any such guideline, the petitioner assumed that the serial order given in the aforesaid notification was being construed as seniority position. Since the same was not inconsonance with the Supreme Court judgement and the view taken in the aforesaid judgment was reaffirmed in the judgment rendered by National Judicial Appointment Commission in 2015. As such, the petitioner moved a representation to the governor's principal secretary whereby he requested for fixation of the seniority at serial No 1 amongst the eight members. Though the representation was made by the petitioner on January 31, 2016, despite the expiry of more than four months, neither the representation was considered and decided nor the seniority of the petitioner and private respondents fixed till date. The counsel said the right to seek fixation of seniority was a fundamental right guaranteed to the petitioner under Article 16 of the Constitution of India and the respondents were under not only statutory but also under the constitutional obligation to fix seniority of the petitioner and the private respondents inter-se and since the respondents had failed to discharge their obligations despite a specific prayer by the petitioner, he was well within his right to seek writ of mandamus against the respondents to discharge their not only statutory but constitutional obligations as well. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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