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| Those promoted are seniors to direct recruits: HC | | | Early Times Reporter
Jammu | Apr 16
In a controversy over the seniority position of direct recruits and promotes, Justice YP Nargotra of J&K High Court Jammu Wing, while deciding the controversy held that direct recruits are junior as compared to those are promoted.
This landmark judgment has been passed in a writ petition filed by Rama Kumari and Ors challenging the final seniority list circulated by Directorate of Consumer Affairs and Public Distribution Jammu in which the petitioners (direct recruits) were reflected as junior to the promotes.
Justice Nargotra, after hearing Adv CM Koul appearing for the petitioners, Deputy AG Vinod Bakshi appearing for the State and Advocates Surinder Kour, RK Jain, Sudershan Sharma and BS Bali appearing for the private respondents (promotes), observed that from bare reading of Clause (c) of Rule 24, it is manifest that question of seniority between the direct recruits and promotes is to be determined by the order under which appointments have to be allocated for promotes and direct recruits. As prescribed in Scheduled 'A' of J&K Food & Supplies (Subordinate) Service Recruitment Rules, 1972, 75% of posts stood allocated for being filled-up by promotion and 25% by direct recruitment. The said order, it can be safely said, in such a situation as is involved in the present case, promotes have to be ranked senior than the direct recruits. In this view of the matter no illegality can be attributed to the placement of direct recruits at a junior position as compared to promotes in the seniority list. With these observations, Court dismissed the petition as there is no merit and also dismissed CMPs and vacated interim direction. JNF |
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