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| Put impugned order in abeyance: HC | | Seniority list of Forest Inspector | |
Early Times Report
Jammu, Mar 20: Justice Hakim Imtiyaz Hussain of J&K High Court in a batch of writ petitions it was ordered that till the matter is heard again the order impugned No 816-DFPF of 2009 dated December 18, 2009 shall remain in abeyance.
In the petitions it has been submitted that on completion of the process of selection conducted J&K Service Selection Board Jammu for the selection and appointment of Foresters/ Forest Inspectors Divisional Cadre Jammu 1997-1998, petitioners and private respondents got selected. Petitioners rank senior to the private respondents in the merit list prepared by the Board.
On completion of the process of selection, the appointing authority instead of waiting for verification of all the candidates, issued appointment orders by parts on receipt of their verification reports, in this process the private respondents got appointed first while as the petitioners though higher in merit got appointed after them.
A tentative seniority list of the forest inspectors of forest protection force was issued by the respondents indicating their seniority position as on January 1, 2009. Objection filed by the aggrieved officials to the tentative seniority list were examined by the official respondents and on the basis of advice of Advocate General placed private respondents senior to the present petitioners.
In this behalf order NO 816-DFPF of 2009 dated December 18, 2009 has been issued which was challenged by the petitioners in which Sr. Advocates MK Bhardwaj & Sunil Sethi with Advocates Veenu Gupta & Sachin Sharma appeared for the petitioner whereas Advocate Abhinav Sharma appeared for the private respondents.
Justice Hakim Imtiyaz Hussain after hearing both the sides whereas the counsels for the petitioners and private respondent referred judgment of the Division Bench of this Court and rules regarding the questions raised in the petition, after considering the matter find a prima-facie case is made out for the admission of all these petitions, accordingly these petitions are admitted to hearing.
Issued fresh notice to the respondents with the direction that respondents shall file their counter within six weeks, rejoinder if any within two weeks thereafter, in view of the issue raised and urgency expressed, Court directed registry list immediately after eight weeks for final hearing. Court further ordered that till the matter is heard again the impugned order NO 816-DFPF of 2009 dated December 18, 2009, shall remain in abeyance. ---JNF
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