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Judgment
The petitioners in these two writ petitions have made almost identical prayers to quash the seniority list of Junior Scale Stenographers issued by respondent no.2 vide Circular no.DC/PD/II/DPC-06/1279-1378 dated 01.10.2013 and to direct the official respondents to promote the petitioners as Junior Scale Stenographers with effect from the dates mentioned in the second prayer of the prayer clause of the two writ petitions.
Before stating the relevant facts of the two writ petitions, it may be mentioned here that in terms of the Jammu and Kashmir Power Development Department (Subordinate) Service Recruitment Rules, 1981, the posts of Steno-Typists and Junior Scale Stenographers are categorised as Divisional Cadre posts, inasmuch as promotion to these posts is made at Divisional level; whereas the post of Senior Scale Stenographer is State Cadre post, inasmuch as promotion to the post is made at the State level from amongst the persons figuring in the common seniority list of Junior Stenographers. The seniority of Steno-Typists is maintained at Divisional level; whereas the seniority of Junior Scale Stenographers is maintained at State level.
So far as the first of these two writ petitions, SWP nos.47/2014, is concerned, the case of the petitioner therein is that he alongwith respondent no.10 was promoted as Seno Typist by order no.CEJ/DPC-II/85 of 2005 dated 18.08.2005 in the grade of Rs.4000-6000 and adjusted against the posts of Junior Scale Stenographers till they would acquire the eligibility for the said post. Respondent no.10 was, thereafter, promoted as Junior Scale Stenographer vide order no. CEJ/DPC-II/80 of 2006 dated 26.09.2006 retrospectively with effect from 18.08.2005, i.e., the date he was promoted as Steno Typist. Respondents 4 to 9 are stated to have been promoted as Seno Typists pursuant to order no. CE/M&RE/C/DPC/K-151 of 2006 dated 02.08.2006. It is stated that, similarly, respondent no.4 was promoted as Junior Scale Stenographer by order no.113-DPC of 2007 dated 29.06.2007; whereas respondents 5, 6 and 7 were promoted as Junior Scale Stenographers pursuant to order no.CE/EM&RE/DPC/K/278 of 2010 dated 31.03.2010 with effect from 01.02.2010. Likewise, respondent nos.8 and 9 are stated to have been promoted as Junior Scale Stenographers with effect from 01.02.2010. It is thus stated that the respondent 4 was promoted as Junior Scale Stenographers from / on 29.06.2007, respondents 5 to 7 from / on 01.02.2010; respondents 8 and 9 from / on 01.02.2010 and respondent no.10 from 18.08.2005; whereas the petitioner himself, belonging to the Divisional cadre Jammu continued to be Steno Typist.
It is the case of the petitioner that insofar as he and two other employees, viz. petitioners in the other writ petition, are concerned, respondent no.3 constituted a sub-committee for conducting their shorthand test for their promotion to the post of Junior Scale Stenographers and they appeared in the test conducted on 04.10.2010. It is stated that, however, their promotions were not ordered despite the fact that he and the two other employees qualified the test. It is on these facts that the petitioner has filed the writ petition for the prayers first above mentioned.
Almost identical facts are pleaded and prayers are made by the petitioners in the other writ petition, SWP no.48/2014.
Despite numerous opportunities since 2014, the respondents have chosen not to file any reply to the writ petitions. Their right to file the same stands closed.
I heard learned counsel for the parties and considered the matter.
Since the respondents have not filed any reply, the averments made by the petitioners in their writ petitions, at least, to the extent that they qualified the shorthand test conducted for their promotion to the post of Junior Scale Stenographer has remained un-rebutted. The legal inference available to the Court is that the same is true. If that be so, as it actually is, then there was no legally tenable impediment or reason for the official respondents to deny the benefit of promotion to the petitioners. To that extent, therefore, the claim of the petitioners seems to be wholly well founded.
So far as the challenge of the petitioners to the seniority list of Junior Scale Stenographers is concerned, I am of the considered opinion that the same is not tenable in law. As seen above, the private respondents were promoted to the said post between 18.08.2005 to 01.02.2010. The petitioners' shorthand test for promotion to the said post was, admittedly conducted on 04.10.2010. Even if they had been promoted on the date of conduct of the test itself, they would still figure junior to the private respondents. Therefore, the seniority list in question did not and would not affect any of their rights.
In light of the above, the two writ partitions deserve to be partly allowed to the extent indicated above.
These petitions are, accordingly, partly allowed. The official respondents are directed to consider the case of the petitioners for their promotion as Junior Scale Stenographers prospectively pursuant to the conduct of the shorthand test by the Sub-Committee constituted by respondent no.3 vide order no.CEJ/69th-DPC/Adm/279 of 2010 dated 20.09.2010 on 04.10.2010 from the date of declaration of the results of the said test and, thereafter, to include their names in the seniority list of Junior Scale Stenographers at the appropriate place below the private respondents. The petitioners shall be entitled to all benefits, including salary, increments and arrears of pay from the said date on the promotional post. The prayer for quashing the seniority list of Junior Scale Stenographers issued by respondent no.2 vide Circular bearing no. DC/PD/II/DPC-06/1279-1378 dated 01.10.2013 is rejected. The needful shall be done by the official respondent no.2 within a period of two months from the date a certified copy of this judgment is served on him.
This also disposes of any pending IA/CMP accompanying the two writ petitions.
No order as to costs.