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| Police DYSP Seeking seniority on SC Category | | HC directed to fix the seniority and given all consequential benefits | |
Jammu, November, 4:- Justice Nirmal Singh of J&K High Court Jammu wing in a writ petition filed by one Vidhya Sagar Kundal DySP seeking seniority on the basis of schedule caste category has directed the respondents to fix the seniority of the petitioner as per the decision of the Home Department within a period of one month. Petitioner be also given all consequential benefits after fixing his seniority as per roaster point.
This significant judgment has been passed in the writ petition filed by the petitioner through Advocates SK Raina and KK Pangotra in which it has been submitted that petitioner is a member of SC Category and was appointed as Sub-Inspector in the Armed Police in the year 1982, but while notifying the seniority list of 42 sub-inspectors of armed police in the year 1986, the benefits of reservation rules with reference to the roaster point was not given to the petitioner. Subsequently the petitioner was promoted to the post of Inspector. The grievance of the petitioner is that when he was promoted as Inspector he was not placed in the seniority list as per roaster point available to the SC Category. His further case is that the petitioner made number of representations after examining the representation of petitioner, the order has been passed by the respondents that the case has been examined and it is observed that the request of the officer is covered under J&K Reservation Rules 1994 vide SRO 126. Further case of the petitioner is that his case has been approved by the Chief Minister and directed to fix the seniority. Despite the order of Chief Minister, his seniority has not been fixed at appropriate place. The respondents admitted that he petitioner belongs to a SC Category and ought to have been placed at serial No 3 in the promotion order but the same could not happen due to non-production of SC certificate.
Justice Nirmal Singh after hearing Advocates SK Raina and KK Pangotra appearing for the petitioner and Additional Advocate General Mr. B S Salathia appearing for the state respondents observed that respondents have not disputed that petitioner being belongs to SC category. Once they are admitting the petitioner as a member of SC category, the petitioner should have been placed at an appropriate place i.e serial No 3 on his promotion as Inspector and directed the respondents to fix the seniority of the petitioner within a period of one month and given all consequential benefits after fixing his seniority as per roaster point. |
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