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| Fix seniority of respondents within 3 months: DB directs | | | Early Times Report
Jammu, Sept 03-Deciding an LPA filed by Ashok Kumar and others challenging fixation of seniority of the private respondents, the Jammu and Kashmir High Court today directed the state to fix the seniority of the private respondents within three months in accordance with the rules.
The Single Judge vide judgment dated December 3, 2008 had earlier disposed off the petition with a direction to the Principal Secretary PHE, Irrigation & Flood Control Department for fixing seniority of the private respondents. This judgment was challenged in the present appeal.
.A Division Bench of the High Court comprising Justice Nirmal Singh and Justice Sunil Hali in its judgment written by Justice Nirmal Singh observed that there is nothing on record to show that the services of the private respondents have been transferred to PHE department from Irrigation and Flood Control Department, under 20 % cut in the staff strength or abolition of the department as a whole.
The DB modified the impugned judgment to the extent that the state shall consider the aspect of the matter and after taking note of the circular NO 17-GAD of 1983 dated April 12, 1983 the Government shall fix the seniority of private respondents in accordance with the rules. The DB ordered that a notice be issued to appellants as also the private respondents to offer them a proper opportunity of hearing. The respondent state shall, thereafter pass appropriate orders regarding fixing of seniority and grant of other consequential benefits in favour of the private respondents within a period of three months. JNF
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