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| Seniority of Excise Inspectors Date of appointment is base of seniority:HC | | | EARLY TIMES REPORT
Jammu, July-09 (JNF):- A Division Bench of Jammu & Kashmir High Court comprising Justice JP Singh and Justice Muzaffar Hussain Attar decided the controversy of seniority of Inspectors Excise and Commercial Tax and held that determination of the seniority of the members of the Subordinate Service is governed by Rule 24 of Jammu & Kashmir Civil Services (Classification, Control & Appeal) Rules 1956, in terms whereof the date of first appointment to the service determines the seniority of the members of the Subordinate Service.
The division bench adjudicated upon three appeals filed by Nirmal Singh Bali & Ors, Narinder Singh & Sunil Dutt & Ors against the judgment of Single Judge passed on July 7, 2010.
The HC after hearing the parties directed the state respondents to settle the seniority of the members of the J&K Excise & Sales Tax Service on the basis of the passing of prescribed departmental examination, cannot be sustained and the respondents/petitioners in writ petition No 921/2010 being devoid of merit deserves to be dismissed. These appeals accordingly succeeded and are therefore allowed. Division Bench set-aside the judgment impugned in the appeal and dismissing respondent's writ petition No 921/2010.
The controversy over the seniority was that the respondents-petitioners who had cleared departmental examination in the year 2009 whereas the appellants in these three appeals cleared the departmental examination in the year 2010, according to the respondents they are senior than the appellants as they had cleared the departmental examination and they are entitled for the promotion of ETO/CTO. JNF
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