Sham Lal vs D/o Irrigation And Flood Control on 31 December 2024

1. Sham Lal, Age Hiranagar, D Patwari, Rawi District Kathua

2. Kuldeep Singh Mangloor, Te presently post Division Hiran

3. Harnam Dass Hardoo, Muth 184142, prese Upper Division (Through Advo

1. Union Territory Though Comm Irrigation and Government of Civil Secretaria

2. Chief Engineer Jal Shakti (Irri Jammu- 18000 ::1 :: O.A

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Central Administrative Tribunal Jammu Bench, Jammu

aring through video conferencing

inal Application No. 811 of 2020 Along with nal Application No. 1434 of 2021 Reserved on: 16.12 Pronounced on: 31.12 Mr. Sanjeev Gupta, Judicial Member agya Sahay Saksena, Administrative M

e 50 years, S/o Sh. Behari Lal, R/o Koo District Kathua-184142, presently Canal Construction, Lower Division a-184142. h, Age 51 years, S/o Sh. Balwan Singh, ehsil Dinga Amb, District Kathua ted as Patwari, Rawi Canal Construct agar, District Kathua- 184142. s, Age 52 years, S/o Sh. Karam C hi Dunga, Tehsil Hiranagar, Distric ntly posted as Patwari, Rawi Canal Co n Kathua- 184101 . ocate: Mr. Karman S Johal) Versus y of Jammu and Kashmir through missioner/ Secretary to Government, Flood Control Department, f Jammu and Kashmir, at, Jammu-180001. r, igation and Flood Control) Department,

01.

2.2024 2.2024

Member otah, Tehsil posted as Hiranagar, R/o Rehni, - 184142, tion, Lower hand, R/o ct Kathau- onstruction, .Applicants

3. Sanjeev Kumar S/o Sh. Mulkh R/o Marhal, P. Tehsil Bishnah

4. Jagdish Raj S/o Sh. Prem N R/o H. No. 139 Laker Mandi J

5. Surinder Kuma S/o Sh. Gittan R/o Village Dh P.O. Pallanwal District Jammu

6. Mohd. Niaz S/o Noor Mohd R/o Village Ch Tehsil and Dis

7. Rajinder Singh S/o Sh. Vikram R/o Dehrian, P Tehsil Akhnoor

8. Jai Paul S/o Sh. Amar R/o BadhipurS Tehsil Bishnah

9. Ram Murti S/o Sh. Kuldee R/o Ward No. Tehsil Bishnah

10. Ganesh Bhus S/o Sh. Rome R/o V.P.O. A District Jamm

11. Jagdish Raj S/o Sh. Krish R/o Badhipu 181132

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r h Raj .O. Allah, h, District Jammu- 181132. Nath 9, Lane No. 5, anipur, Jammu- 180007. ar n Dass hakhar, la, Tehsil Akhnoor, u- 181201. d. hinore, P.O. Roop Nagar, trict Jammu- 180013. h m Singh P.O. Hamirpur, r, District, Jammu- 181201. Nath Salarian, P.O. Adhelar, h, District Jammu- 181132. ep Singh 7, H.No. 35, Arnia, h, District Jammu-181132. han esh Kumar Arnia, Ward No. 1, H. No. 95, Tehsi mu- 181132 han Lal urSalarian, Tehsil Bishnah, District

il Bishnah, t Jammu-

12. Naveen Khaju S/o Sh. Ash Bishnah, Dist

13. Mohinder Kum Sarore, Tehsil

14. Darshan Lal, Bishnah, Dist

15. Bodh Raj, S/o Sohal, Tehsil A

16. Ashok Kuma Dherach, Tehs

17. Bushan Kum Brahmana, Te

18. Sohal Lal, S/o Jagir), P.O. C 181201

19. Balbir Kumar Akhnoor, Dist

20. Suram Chand Tehsil Akhnoo

21. Ganesh Dass No. 5, Tehsil A

22. Raju Ram, S Khour, Tehsil

23. Surinder Kum near Sainik C

24. Kartar Chand Sohal, Tehsil A

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uria hok Kumar, R/o Burmal, P.O. Reh trict Jammu- 181132 mar, S/o Sh. Dafter Ram, R/o Village S l Bishnah, District Jammu- 181132 S/o Sh. Sat Paul, R/o Majau. P.O. Ra trict Jammu- 181132. o Sh. Lal Chand, R/o Village KangralSa Akhnoor, District Jammu- 181201. ar, S/o Sh. Gian Chand, R/o Dh sil Akhnoor, District Jammu- 181201. mar, S/o Sh. Girdhari Lal, R/o V.P.O ehsil Akhnoor, District Jammu- 181201 o Sh. Mukhtar Chand, R/o Village Naiw Chak Kirpalpur, Tehsil Akhnoor, Distri r, S/o Sh. Thakur Dass, R/o Sunail, P.O trict Jammu- 181201. d, S/o Sh. Kharity Ram, R/o Serh, P. or, District Jammu- 181201. , R/o Sh. Behari Lal, R/o V.P.O. Jou Akhnoor, District Jammu- 181201 S/o Sh. Kanju Ram, R.o Village Nara Akhnoor, District Jammu- 181201 mar, S/o Sh. Narayan Dass, R/o V.P.O Colony, Jammu- 180011 d, S/o Sh. Ambu Ram, R/o Gurah Akhnoor, District Jammu- 181201

hal, Tehsil Sarore, P.O. aika, Tehsil angral, P.O. handi, P.O. O. Bhalwal

1. wala (Gurha ct Jammu- O. & Tehsil O. Kharah, urian, Ward ayana, P.O. O. Chowadi Jagir, P.O.

25. Garu Ram, Ambaran, Teh

26. Ved Parkash, Jourian, Tehs

27. Vijay Kumar, Bhajnowa, Teh

28. Abdul Hamid Nowshera, Dis

29. Vikram Singh Batehra, Tehs

30. Chaman Lal, Sunderbani, D

(Through Adv appearing for R Adv. Assisted Respondents N

O.A. No. 1434 o

1. Sham Lal, Age Hiranagar, D Patwari, Rawi District Kathua

2. Kuldeep Singh Mangloor, Te presently post Division Hiran ::4 :: O.A

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S/o Sh. Sansar Chand, R/o Sun hsil Akhnoor, District Jammu -181201 S/o Sh. Bansi Lal, R/o V.P.O. Dhok sil Akhnoor, District Jammu- 181201 , S/o Sh. Bodh Raj, R/o Vill. Manu hsil Nowshera, District Rajouri- 185151 d, S/o Sh. Mohd Ramzan, R/o Wa strict Rajouri- 185151 h Langeh, S/o Sh. Gian Chand Langeh, sil & District Jammu- 181206 S/o Sh. Desh Raj, R/o V.P.O. Hat District Rajouri- 185153 ..Re vocate: Mr. Dewakar Sharma, learn Respondents No. 1 and 2 / Mr. M K Bh d by Mr. Gagan Kohli appearing f No. 3, 5 and 6 to 10) C/w of 2021 e 50 years, S/o Sh. Behari Lal, R/o Koo District Kathua-184142, presently Canal Construction, Lower Division a-184142. h, Age 51 years, S/o Sh. Balwan Singh, ehsil Dinga Amb, District Kathua ted as Patwari, Rawi Canal Construct agar, District Kathua- 184142.

ail, V.P.O. Khalsa Via upur, P.O.

ard No. 6, R/o V.P.O. thal, Tehsil espondents ned D.A.G. hardwaj, Sr. for private otah, Tehsil posted as Hiranagar, R/o Rehni, - 184142, tion, Lower

3. Harnam Dass Hardoo, Muth 184142, prese Upper Division

(Through Advo

1. Union Territory Though Comm Irrigation and Government of Civil Secretaria

2. Chief Engineer Jal Shakti (Irri Jammu- 18000

3. Sanjeev Kumar S/o Sh. Mulkh R/o Marhal, P. Tehsil Bishnah

4. Jagdish Raj S/o Sh. Prem N R/o H. No. 139 Laker Mandi J

5. Surinder Kuma S/o Sh. Gittan R/o Village Dh P.O. Pallanwal District Jammu

6. Mohd. Niaz S/o Noor Mohd R/o Village Ch Tehsil and Dis

7. Rajinder Singh S/o Sh. Vikram R/o Dehrian, P Tehsil Akhnoor

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s, Age 52 years, S/o Sh. Karam C hi Dunga, Tehsil Hiranagar, Distric ntly posted as Patwari, Rawi Canal Co n Kathua- 184101. .. ocate: Mr. Karman S Johal)

Versus

y of Jammu and Kashmir through missioner/ Secretary to Government, Flood Control Department, f Jammu and Kashmir, at, Jammu-180001. r, igation and Flood Control) Department,

01. r h Raj .O. Allah, h, District Jammu- 181132. Nath 9, Lane No. 5, anipur, Jammu- 180007. ar n Dass hakhar, la, Tehsil Akhnoor, u- 181201. d. hinore, P.O. Roop Nagar, trict Jammu- 180013. h m Singh P.O. Hamirpur, r, District, Jammu- 181201.

hand, R/o ct Kathau- onstruction, .Applicants

8. Jai Paul S/o Sh. Amar R/o BadhipurS Tehsil Bishnah

9. Ram Murti S/o Sh. Kuldee R/o Ward No. Tehsil Bishnah

10. Ganesh Bhus S/o Sh. Rome R/o V.P.O. A District Jamm

(Through Advo Respondents N by Mr. Gagan and 6 to 10)

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Nath Salarian, P.O. Adhelar, h, District Jammu- 181132. ep Singh 7, H.No. 35, Arnia, h, District Jammu-181132. han esh Kumar Arnia, Ward No. 1, H. No. 95, Tehsi mu- 181132 ...Re ocate: Mr. Dewakar Sharma, learned No. 1 and 2/ Mr. M K Bhardwaj, Sr. Ad Kohli appearing for private Responden

il Bishnah, espondents D.A.G. for dv. Assisted nts No. 3, 5

(Per: Mrs. Prag

The instant Or was filed under Sect and Miscellaneous A 4(5) of Central Adm jointly pursue this O

2. Facts of the ca were appointed as Control Department 29.01.2009 issued b appointment was for selection made in ac at serial No. 3, 5 29.01.2009. In the y (Special Provisions) regularization of the is further stated th 22.02.2018, the con regularized in acco seniority of the perso of 2010 Act was to b provided that the determined with refe ::7 :: O.A

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O R D E R

gya Sahay Saksena, Administrative M

riginal Application No. 811 of 2020 (in tion 19 of the Administrative Tribunals Application was filed by the applicants ministrative Tribunal (Procedure) Rule O.A. and the same was allowed. ase as averred in the O.A. are that the contractual Patwaries in Irrigation t, Jammu vide order No. 211-E of 2 by Respondent No. 2. The duration of r a period of one year which was subjec ccordance with the rules. The applicant and 7 respectively in the said or year 2010, the Jammu and Kashmir Civ Act, 2010 was enacted for the p services of the contractual/ adhoc em hat vide order No. 82-PW(Hyd) of 2 ntractual Patwaries including the applic ordance with the provisions of 2010 ons regularized in accordance with the be governed as per section 9 of the said seniority of regularized employees erence to the date of their regularizatio

Member) short O.A.) s Act, 1985 under rule s, 1985 to applicants and Flood 2009 dated f the initial t to regular ts appeared rder dated vil Services purpose of mployees. It 2018 dated cants, were 0 Act. The e provisions Act, which s shall be on and the

inter-se seniority of with reference to th contractual basis. Pu the seniority of the a IFCJ/Adm-s/ES/289 No. 2. It is further a 23, 24 and 28 resp Thereafter, another and Flood Control D Respondent No. 2 vid wherein the applica respectively. This cir within 15 days of its the applicants filed t 12.03.2020 by bringi at serial No. 51, 52 dated 12.03.2020. compliance of the p purpose of mainta contractual Patwarie Patwaries of I&FC/R 3302 dated 16.07.20 serial No. 49, 50 rejected. Subsequen ::8 :: O.A

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f the regularized employees shall be he date of their initial appointment on ursuant to the provisions of section 9 o applicants was tentatively fixed vide C 92-2923 dated 12.09.2018 issued by R averred that the applicants appeared a pectively of the aforesaid tentative sen tentative seniority list of Patwaries o Department, Jammu/RTIC, Jammu was de Circular No. IFCJ/19546-77 dated 1 ants were shown at serial No. 51, 5 rcular also sought objections from the s issuance. It is also mentioned in the their objections to the tentative seniorit ing out the fact that they were wrongly and 53 respectively in the tentative se The applicants also raised the issu provisions of Section 9 of the 2010 A aining the seniority amongst the es. Thereafter, another revised senio RTIC Department of Jammu No. IFCJ/ E 020 was issued and the applicants wer and 51 respectively and their objec nt to that another circular No. IFCJ/

determined n adhoc or of 2010 Act, Circular No. Respondent t serial No. niority list. of Irrigation s issued by 12.03.2020, 52 and 53 employees e O.A. that ty list dated y mentioned eniority list ue of non- Act for the regularized ority list of Estb/3271- re shown at ctions were /4784-4815

dated 24.08.2020 w patwaries in Irriga wherein the applica respectively.

3. Being aggrieve applicants filed O.A following relief:-

(i) The fin Jammu No. IFC applica respecti

(ii) The Res afore-m 24.08.2

(iii) The Re seniorit the Act Civil S Rules, 1

4. During the pen direction from this impugned final senio No. 811 of 2020, th ::9 :: O.A

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was issued, detailing the final senio ation and Flood Control Departmen ants again figured at Serial No. 49, ed by the final seniority list (impu . No. 811 of 2020 before this Tribun nal seniority list of Patwaries of I issued by the Respondent No. 2 vid CJ/4784-4815 dated 24.08.2020, wh nts figured at serial Nos. 49, 50 ively, be set aside. spondents be directed not to act entioned impugned final seniority 2020 in any manner whatsoever. espondents be directed to make ty list strictly in compliance of Se read with Rule 24 of the Jammu an ervice (Classification, Control an 1956. ndency of this O.A. and despite there be Tribunal vide order dated 22.09.202 ority list would be subject to the outco he official Respondents issued order N

ority list of nt, Jammu 50 and 51 ugned), the nal, seeking I&FC/RTIC, de Circular herein the 0 and 51 upon the list dated e a fresh ection 9 of d Kashmir nd Appeal) eing a clear 20 that the ome of O.A. No. 66 E of

2021-22 dated 06.0 Respondents no. 3 promoted/ regulariz 34800+4200 agains w.e.f. 28.06.2021. T appeared at serial N tentative seniority li private respondents and 38 respectively seniority list (prepar Provisions) Act, 201 (CCA) Rules, 1956) Aggrieved by the imp private respondents reliefs:-

(i) The ord issued by th Respondent N have been p revised pay-s (35400-11240 substantive b

(ii) The Res upon the fin ::10 :: O.A

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09.2021 (impugned order) whereby, t to 10 who were juniors to the appli zed as “Amin” in pre-revised pay scal t the available vacancies on substan The names of private Respondents N No. 4 to 11 of the impugned order wher ist issued vide circular dated 12.09.2 figured at serial No. 41, 47, 49, 50, and the position of the applicants i ed in accordance with J&K Civil Servic 10 read with Rule 24 of the J&K Civ was at serial no. 23, 24 and 28 re pugned order, the applicants who wer filed O.A. No. 1434 of 2021 seeking th der No. 66 E of 2021-22 dated 0 e Respondent No. 2, whereby Patw Nos. 3 to 10, who were junior to the a romoted/ regularized as ‘Amin’ in scale of 9300-34800+4200 revised 00), against the available vaca basis w.e.f. 28.06.2021, be set aside. spondents be directed to not to fu nal seniority list No. IFCJ/4784-48

the private cants were le of 9300- ntive basis

o. 3 to 10 reas, in the 2018, these 55, 32, 33 in the said ces (Special vil Services espectively. re senior to he following 06.09.2021 waries viz. applicants n the pre- to Level-6 ancies on

urther act 815 dated

24.08.2020, pending O.A.

(iii) The Res the applicant tentative seni 12.09.2018 i applicants f respectively.

5. During the pe 18.07.2022 on beha Raj, (ii) Bhushan Lal Jeet Ram, wherein senior to the applica 2021 and their senio provisional seniority they were regularize 14.09.2017 i.e. befor three persons were s the J&K Civil Service of Civil Services Regu

6. A written sub No. 3, 5 and 6 to 10 order dated 07.12.20 promotion order No. ::11 :: O.A

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which is a subject matter of cha No. 61/811/2020. spondents be directed to grant pro ts to the post of Amin in accordanc iority list No. IFCJ/Adm-s/ES/2892-2 issued by the Respondent No. 2 wh figured at serial Nos. 23,

endency of this O.A., an Application w alf of (i) Mr. Vikramjeet Sharma, S/o S l, S/o Sh. Sobha Ram and (iii) Kewal K it has been stated that all three of ants of O.A. No. 811 of 2020 and O. ority was maintained from the time of i list to the final seniority list dated 24. ed vide order No. 374-PW (Hyd) of 2 re regularization of applicants. Accordi senior to applicants in terms of the pr es (Special Provisions) Act, 2010 read w ulations, 1956. mission made on behalf of private Re 0 in O.A. No. 1434 of 2021 states that 021 of this Tribunal has stayed the o 66 E of 2021-22 dated 06.09.2021 an allenge in omotion to ce with the 2923 dated herein the and

was filed on Sh. Jagdish Kishan, S/o them were A. 1434 of issuance of 08.2020 as 2017 dated ingly, these rovisions of with Rule 24 espondents the interim operation of nd a prayer

has been made for seniority list in ques 180 of 1997 (Recruit which Rule 11 provid provided that the s regulated under the Appeal) Rules, 1956 Services (Classificatio the seniority shall be to such class, categ date of Ist appoin appointment or the vacancy. 6.1 It has been fu were regularized vide on the basis of the re prospective basis in employee. This order employee/ patwari in applicants were also subsequent order No stipulation that the regularization of thei Provisions) Act, 2010 ::12 :: O.A

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vacation/ modification of the said or stion has been prepared in accordance tment and promotion Rules of the Depa des for the maintenance of the seniority eniority of the members of the servic e J&K Civil Service (Classification, C

6. It is also stated that the Rule 24 of on Control and Appeal) Rules, 1956, pr e determined by the date of his first ap gory or grade, as the case may be, an ntment would mean the date of date of Ist appointment on probation urther submitted that these private Re e order No. 81-PW (Hyd) of 2018 dated 2 ecommendations of the Empowered Co relaxation of upper age limit shown ag r of regularization has not been challen ncluding the applicants. It is also state o regularized on the same date on th

o. 82-PW (Hyd) of 2018 dated 22.02.2 eir appointment was only for the p ir services in terms of J&K Civil Servic 0 in relaxation of upper age bar. Both

rder as the e with SRO artment) in y list which ce shall be Control and f J&K Civil rovides that ppointment d the word permanent on a clear espondents 22.02.2018 mmittee on gainst each nged by any ed that the he basis of 018 with a purpose of ces (Special the orders

have attained finality have been some def the time of their r subsequent to the respondents were re shown senior to the the seniority list of bearing No. IFCJ/Es in accordance with private Respondents financial hardship d salary have been with 6.2 It is further Respondents, a fin Respondents in acc seniority maintained been promoted as Am basis. There are m Department and the to the aforesaid vaca to those who have n final seniority list iss that it is a settled ::13 :: O.A

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y in 2018 itself. It is also stated that t ficiencies in the antecedents of the ap regularization, therefore, they were private Respondents and the aforesa gularized prior to the applicants and a applicants in the regularization order. Patwaries of Irrigation and Flood Con stb/3271-3302 dated 16.07.2020 has the said Rule 24. It is further state s No. 3, 5 and 6 to 10 have to fac due to stay of order dated 06.09.202 hheld. stated that after regularization of t nal seniority list was prepared by t cordance with the rules and pursua d by the aforesaid private Respondents min against the available vacancies on s many vacancies of Amin already exist e applicants can also be considered for ancies of Amin, however, no relief can not approached the Tribunal till date a sued by the Department. It has also be law that only those who approach

there might pplicants at regularized aid private accordingly, . Therefore, ntrol/ RTIC been made ed that the ce extreme 21 as their the private the official ant to the , they have substantive ting in the r promotion be granted against the een averred the court

promptly and succe approached the Cour

7. The official R stated that the appli Irrigation and Flo regularized vide Ord clearly stipulated tha upper age bar, was i Act, 2010. However, with SRO 180 of 19 seniority list to b (Classification, Cont Services (Classificati clearly provide that t rules shall be determ class, category or gra vide order dated 16. rules and accordingl fixed.

8. During the cou the applicants averre based on an exerc appreciating true an of fundamental right ::14 :: O.A

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ed are entitled to relief and those wh rt cannot be granted any relief. Respondents, in their written submis icants were appointed as contractual p ood Control Department, Jammu der dated 22.02.2018. The appointm at the appointment of 4 patwaries in re in terms of J&K Civil Services (Special the seniority list has been prepared in 997 wherein Rule 11 provided for main be regulated under the J&K Civi trol and Appeal) Rules, 1956. The ion, Control and Appeal) Rules, 1956 the seniority of the person who is subje mined by the date of his first appointme ade, as the case may be. The seniority 07.2020 has been made in line with t ly, the seniority of the applicants has b urse of hearing, Mr. K S Johal, learned ed that the final seniority list dated 24 cise undertaken by the Responden nd correct legal position and accordingl ts of the applicants as guaranteed unde

ho have not ssion have patwaries in and were ment orders elaxation of Provisions) accordance ntenance of il Services J&K Civil in Rule 24 ect to these ent to such y list issued the existing been rightly counsel for .08.2020 is nts by not ly, violative r Article 14

of the Constitution o applicants were regu Services (Special Pro 5 of the said Act, the year 2018. Section 9 how the seniority of said Act is to be det to be determined wit proviso to section 9 s employees shall be initial appointment o to the said Section cl on adhoc or contract the employee older in age. He also subm 29.01.2009 whereas 14.07.2009. Accord 12.09.2018 put the was disturbed by t seniority list was cha vide order dated 22.0 the outcome of said ahead and promote Amin. Vide order da ::15 :: O.A

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of India. He further averred that the serv ularized in terms of the provisions of th ovisions) Act, 2010 and in accordance w e services of the applicants were regular 9 of the Special Provisions Act, 2010 pro the persons who have been regularized termined. Section 9 contemplates that th reference to the date of regularizatio states that the inter-se seniority of the determined with reference to the da on adhoc or contractual basis. The seco larifies that in case the date of initial ap tual basis of two or more employees is n age shall rank senior to an employee mitted that the applicants were app s the private respondents were app dingly, the first tentative seniority applicants above the private Responde the final seniority list dated 24.08.2 allenged in OA. 811 of 2020 wherein th 09.2020 held that the seniority shall be d O.A. However, the official Respond ed the private Respondents amongst ated 06.09.2021, 11 persons were pr

vices of the e J&K Civil with section rized in the ovides as to d under the seniority is

n. The first regularized ate of their ond proviso ppointment same, then younger in pointed on pointed on list dated ents, which 2020. This his Tribunal e subject of dents went others as romoted as

Amin where the first to the date of regula do not have any griev were regularized in promotion of private who were junior to th 8.1 The learned co accordance with Ru (Classification, Contr of the two or more p of first substantive inter se seniority fixe breach of Rule

(Classification, Contr said list along with th

9. Mr. M K Bhar private Respondents Respondents were re vide order No. 81 regularized vide orde Respondents were se has been rightly applicants. Learned was made in 2018 a ::16 :: O.A

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t three persons were regularized in 201 arization of the applicants. Hence, the vance against the seniority of those 3 pe n 2017. However, they are aggrieve Respondents No. 3 to 10 in O.A. No. 1 hem. ounsel for the applicants further aver ule 24 of Jammu and Kashmir Civ rol and Appeal) Rules, 1956, the inter s persons is to be fixed in accordance wi appointment on a clear vacancy. The ed by the final seniority list dated 24.08

of Jammu and Kashmir Civi rol and Appeal) Rules, 1956 and accor he impugned deserves to be quashed. rdwaj, learned Sr. counsel appearing o s No. 3, 5 and 6 to 10 argued that th egularized under the Special Provisions dated 22.02.2018 whereas the applic er No. 82 dated 22.02.2018. Therefore, enior to applicants and accordingly, the fixed by the official Respondents Sr. counsel further submitted that reg as per the J&K Civil Services (Special

17 i.e. prior applicants ersons who ed by the 1434/2021, red that in vil Services se seniority th the date erefore, the 8.2020 is in il Services rdingly, the on behalf of hese private s Act, 2010 cants were the private eir seniority above the gularization Provisions)

Act, 2010 which was regularization. It has principles laid down (Classification, Contr finalizing the senio compliance to Sectio Special Provisions Ac 30.03.2020. He also (E) dated 30.03.2020 since the final senior and 06.09.2021 resp three applicants, th sufficient number of

10. Mr. Dewakar Respondents relied Respondents.

11. Mr. Karman S replying to the argum that the J&K Civil much in force when was issued whereby Irrigation and Flood indicating the priva applicants at serial ::17 :: O.A

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s applicable only for the purpose of app s also been stated by learned Sr. couns in Rule 24 of Jammu and Kashmir Ci rol and Appeal) Rules, 1956 has been c ority list. Therefore, a fresh senior on 9 of the Repealed Act cannot be gran ct, 2010 was repealed vide SO No. 122 averred that the savings clause in SO 0 is only for regularization. He further rity list and the promotion order dated 2 pectively has been accepted by everyone ey may also be promoted as Amin as vacancies available. Sharma, learned counsel appearing on the written submissions filed by Singh Johal, learned counsel for the ments put forth by the learned Sr. cou Services (Special Provisions) Act, 2010 the circular No IFCJ/19546-77 dated the second tentative seniority list of p Control Department Jammu RTIC was ate respondents at serial No. 23 t No. 51, 52 and 53 respectively. The

pointment/ sel that the vil Services complied in rity list in nted as the 29(E) dated O. No. 1229 stated that 24.08.2020 e except the s there are for official the official applicants unsel stated 0 was very 12.03.2020 patwaries of s published to 30 and applicants

filed their objection 20.03.2020 itself. H applicants who have (Special Provisions) A of the said Act. Th (Adaptation of State dated 31.03.2020. H was also stated that incurred, accrued by such repeal. Therefo applicants in terms remains unaffected b SO 1229 (E) of 20 explanation has been how the tentative Further, Rule 24 of Appeal) Rules, 1956 Provisions Act are persons employed o 2010 has to be n particularly in term Classification Cont Respondents cannot ::18 :: O.A

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ns to the aforesaid tentative seniori He further stated that the seniority e been regularized in terms of J&K Civ Act, 2010 is to be first made in terms o he Act was repealed by the J&K Reo laws) Order, 2020 bearing SO 1229 ( However, at the time of issuance of the t any right, privilege, obligation, liability y any law so repealed shall remain un ore, the right of seniority accrued in fa of Section 9 of J&K Special Provisions by repealing of the said Act in terms of 020 dated 31.03.2020. He also state n given by the official Respondents as t seniority list dated 12.09.2018 was f J&K Civil Services (Classification, C 6 does not indicate that the provisions not to be followed. Therefore, the s or regularized under the Special Prov necessarily determined in terms of s of section 9. Further, even as per trol and Appeal Rules, 1956, th be senior to the applicants.

ity list on list of the vil Services of Section 9 rganization (E) of 2020 said SO, it y acquired, naffected by avour of the s Act, 2010 clause 6 of ed that no to why and s changed. Control and s of Special seniority of visions Act, such Act, rule 24 of he private

12. Mr. Karman Jo the learned Sr. Coun was any deficiency regularization, the s Respondents to them could not have been respondents were re order is not relevan (Special Provisions) order.

13. Heard learned counsel for the app through the records.

14. From the facts were appointed as Control Department 29.01.2009, wherea order dated 14.07.2 Respondents were r J&K Civil Service regularization order respondents is of t different. The langua no material differenc ::19 :: O.A

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ohal while, replying to the arguments p nsel for private Respondents argued th in the paperwork of the applicants b same could have been brought out by m and if that was the case, the regulariz n passed on the same date on which egularized. He also stated that the num nt in terms of Section 9 of J&K Civ Act, 2010. What is relevant is the d Sr. counsel for the private Responden plicant and learned D.A.G. and care s available on record, it is seen that the contractual patwaries in Irrigation t, Jammu vide order No. 211-E of 2 s the private Respondents were appo

009. Both the applicants as well as regularized in accordance with the pr es (Special Provisions) Act, r of the applicants as well as t he same date though, the number o age of two orders is similarly worded a ce between the two orders. The J&K Civ

put forth by hat if there before their the official zation order the private mber of the vil Services date of the nts, learned efully gone e applicants and Flood 2009 dated ointed vide the private rovisions of and the he private of order is and there is vil Services

(Special Provisions) regularization of the consolidated basis. provisions of this Act as are held by any contractual basis in provided that such vacancies except for of section 3 are not said Act provides t contained in any law order of any cour consolidated appoint on fulfilment of certa also provides that contractual or conso effect only from the d 14.1 Further, Sectio limit as prescribed u be relaxed in case appointee, if such a under the said Act. provides that every regularization be en ::20 :: O.A

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Act, 2010, was enacted in April, e employees appointed on adhoc, con Section 3 of the said Act provides t shall apply to such posts under the G y person having been appointed on ncluding those appointed on consol appointments have been made agains four exceptions provided therein. The applicable in the present case. Sectio that notwithstanding anything to th w for the time being in force or any ju rt or Tribunal, the adhoc or cont tees referred to in Section 3 shall be ain conditions specified therein. The s the regularization of the eligible olidated appointees under the said Act date of such regularization. on 6 of the said Act provides that the under rules for entry into government se of, the adhoc or contractual or co appointee is otherwise eligible for reg . Section 7 of the Special Provisions regularized employee shall from the ntitled to fixation of pay in the time sc

2010 for ntractual or s that the Government n adhoc or idated pay st the clear exceptions on 5 of the he contrary udgment or tractual or regularized said section adhoc or shall have e upper age ervice shall onsolidated gularization Act, 2010 date of his cale of pay

applicable to the pos said Act provides the employees shall be regularization. The s “9. Seniorit shall be dete regularizatio Provided employees sh of their initi consolidated merit/select l Provided appointment of two or mor in age shall subject to mer

15. There is no do the Private Respond Services (Special Pro all the persons who a be fixed in accordanc Act. The said Section not sequence of ord ::21 :: O.A

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st against which he is regularized.Secti e manner in which the seniority of the determined with reference to the da aid Section 9 reads as under:- ty- The seniority of the regularized ermined with reference to the dat n: d that the inter se seniority of the re hall be determined with reference to ial appointment on adhoc or contr basis, as the case may be, subje ist if any: d further that if the date o on adhoc or contractual or consolid re employees is same, then an empl rank senior to an employee young rit/ select list, if any” oubt about the fact that the applicants dents have been regularized under the ovisions) Act, 2010. As per provisions are regularized under this Act, the senio ce with the provisions of Section 9 (Sup n makes reference to the date of regular ers on a particular date. The first pro

ion 9 of the regularized ate of their employees te of their egularized o the date ractual or ect to the of initial dated basis loyee older ger in age s as well as e J&K Civil of this Act, ority has to pra) of said rization and oviso to the

said section deals w having initial appoin basis on different da provisions of the sa seniority, the referen initially appointed on this Act provides for circumstances, it fu regularization as we then an employee ol younger in age. 15.1 Thus, the date of Jammu and Kash and not the sequenc Had it been an imp dealt with in Section for regularization f Committee and the working on adhoc or time periods i.e. from different years. Besid the persons who are the said Act. The sa from the date of suc ::22 :: O.A

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with the situation where a number of ntment on adhoc or contractual or co ates are regularized on the same date aid 2010 Act. In their case, while f nce has to be made to the date on which n adhoc, contractual or consolidated ba r relaxation of age in certain cases un urther provides that a case where t ll as the date of initial appointment is lder in age shall be ranked senior to an e of regularization order is relevant for t hmir Civil Services (Special Provisions) ce of the order of regularization on the portant element, it would have been n 9 of the said Act. The Act envisages flo from various departments to the E ese cases might be of persons who r contractual or consolidated basis fro m different dates falling within a year o des, this Act also provides for relaxatio e regularized in accordance with the pr aid Act provides for regularization to b ch regularization order. Therefore, with

appointees onsolidated e under the fixing their h they were asis. Since, nder certain he date of s the same, n employee the purpose ) Act, 2010 same date. specifically ow of cases Empowered have been om different or falling in on of age of rovisions of be effective h a view to

avoid any doubt regularization, Secti situations very clear sequence of orders o would have had an im been definitely captu is relevant is the da are regularized on t contractual or conso of their initial appoi basis shall be the de seniority when they Civil Services (Specia the date of initial ap basis is the same for is senior in age shall in age. The seniori regularized under th Provisions) Act, 2010 of Jammu and Kas Appeal) Rules, 1956.

16. Rule 11 of SRO of the service shall b Services (Classificat ::23 :: O.A

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about fixing their seniority at th ion 9 of the 2010 Act deals with th rly. This Act does not give any cogniza on the same date. Had that been an is mpact on determination of seniority, it w ured in Section 9 of the said Act. Ther ate of regularization. Where a number the same date but their appointment olidated basis is on different dates, the intment on adhoc or contractual or co termining factor for determination of th are regularized under the Jammu an al Provisions) Act, 2010. Further, in a ppointment on adhoc, contractual or co r two or more employees, then the em l be ranked senior to the employee who ty determined under Section 9 of th he Jammu and Kashmir Civil Servic 0 is to be maintained for the purposes shmir Civil Services (Classification, C O 180 of 1997 says that the seniority o be regulated under the Jammu and Ka tion, Control and Appeal) Rules,

e time of he relevant ance to the ssue which would have efore, what of persons t to adhoc, en the date onsolidated heir inter se nd Kashmir case where onsolidated ployee who o is younger he persons ces (Special of Rule 24 Control and of members ashmir Civil 1956. The

Administrative Depa seniority list of the Services (Classificati with seniority, reads

24. Seniority to these rules or grade with Such seniorit appointment the case may Note 1. seniority on t of a member fixed in acco before the da Interpre occurring in substantive a permanent ap on probation case being s passing of an

17. Rule 24 Supra by the date of the fir ::24 :: O.A

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artment shall maintain an upto date service. Rule 24 of Jammu and Kas on, Control and Appeal) Rules, 1956, w as under:- y.-( 1) The seniority of a person who s has reference to the service, class h reference to which the question h ty shall be determined by the date o to such service, class, category or be. -The rule in this clause will not the date on which these rules come r of any service, class, category or ordance with the rules and orders te on which these rules come into fo etation.-The words "date of first app the above rule will mean the da appointment, meaning thereby th ppointment or the date of first ap on a clear vacancy, confirmation in subject to good work and condu ny examination or examinations and a provides that the seniority shall be rst appointment of a person to such ser

e and final shmir Civil which deals is subject s, category has arisen. of his first r grade as effect the into force r grade as rs in force orce. pointment" te of first e date of ppointment n the latter uct and/or d / or tests. determined rvice, class,

category, or grade as means the date of applicants as well a appointment begins o

18. In the present J&K Civil Services provides for fixation said Act. This provis This Section cannot official Respondents prepared in accorda Services (Classificati Rule or Rule 11 of S which says that th Further, a rule or reg Act.

19. The J&K Civi repealed vide J&K R 2020 bearing SO 12 said order provides t in the Schedule to th of any law so repeal

(ii) any right, privil ::25 :: O.A

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s the case may be. The date of first ap f permanent appointment. In the ca as the private Respondents, their first on the date on which they are regulariz case, all of them have been regularized (Special Provisions) Act, 2010 which of seniority once they are regularized sion is contained in Section 9 as discus t be ignored while finalizing the senio on the ground that the seniority list ance with Rule 24 of Jammu and Kas ion, Control and Appeal) Rules, 1956 a SRO 180 of 1997 does not lay any such he provisions of Section 9 have to b gulation cannot overrule a specific prov il Services (Special Provisions) Act, Reorganization (Adaptation of State la 29 (E) of 2020 dated 31.03.2020. Clau that the repeal or amendment of any la his order shall not affect, (i) the previou ed or anything duly done or suffered t ege, obligation or liability acquired,

ppointment ase of the permanent zed. d under the specifically d under the ssed above. ority by the t has been shmir Civil as the said h condition be ignored. vision of the 2010 was aws) Order, use 6 of the aw specified s operation thereunder, accrued or

incurred under any l below:-

6. The rep Schedule to t

(a) the previ anything duly

(b) any right accrued or in

(c) any pena respect of a repealed; or

(d) any invest of any such forfeiture or p and any such may be insti penalty, forfe the Jammu a 2019) or this

20. In view of the s the SO 1229 (E) da Section 9 of J&K Civ be denied. Further, t Act was made vide ::26 :: O.A

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law so repealed. The relevant clause is r peal or amendment of any law specif his Order shall not affect- ious operation of any law so re y done or suffered thereunder: t, privilege, obligation or liability ncurred under any law so repealed: alty, forfeiture or punishment in any offence committed against an tigation, legal proceeding or remedy right, privilege, obligation, liability punishment as aforesaid, h investigation, legal proceedings ituted, continued or enforced, and feiture or punishment may be impo and Kashmir Reorganisation Act, 20 Order had not been passed. savings Clause provided in the form of ated 30.03.2020, the application of pr vil Services (Special Provisions) Act, 20 the regularization of the applicants und e order dated 22.02.2018 and the

reproduced fied in the epealed or acquired, ncurred in ny law so in respect y, penalty, or remedy any such osed, as if 019 (34 of clause 6 of rovisions of 010 cannot der the said provisional

seniority list was als list was issued in M filed by the applican the date of the repe J&K Civil Services ( does not hold any g been regularized und in accordance with t The Repealing order has been incorporate

21. So far as the i those who approache relief and not those has been dealt with cases. Two judgment

(i) In the case of Bha and others; (2011) 4 has held that:- “13. The prin it is not necessa relief and it is t of a concluded every affected p in the following ::27 :: O.A

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so issued in 2018 itself. The first revise March 2020 and the objections to the nts vide letter dated 20.03.2020 which eal order. Therefore, the argument tha (Special Provisions) Act, 2010 has bee ground for the reason that any perso der the said Act, his/ her seniority has the specific provisions contained in th does not take away such right as speci ed therein to put to rest such controvers issue raised by the private Respondent ed the Court promptly and succeed are who have not approached the Court. h by the Hon’ble Supreme Court in a ts are enumerated below:- arat Sanchar Nigam Limited Vs.Ghans 4SCC 38, in para 13, the Hon’ble Supr nciple laid down in K.I. Shephard (s ary for every person to approach the the duty of the authority to extend t decision in all similar cases witho person to court to seek relief would a circumstances:

ed seniority same were is prior to at the said en repealed n who has to be fixed he said Act. fic clause 6 sies. ts that only e entitled to This issue number of hyam Dass reme Court supra) that e court for the benefit out driving apply only

a) where the o representativ employees.

b) where the rel which is inte category, irre litigation or n

c) where an ord is quashed w relief is restri

d) where the co should be ext Court.”

(ii) In the case of Srivastava; (2015)

22.1 Normal employees is situated pers benefit. Not d would be vio India. This pr more emphat this Court fro ::28 :: O.A

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order is made in a petition fi ve capacity on behalf of all similarl lief granted by the court is a declara nted to apply to all employees in a espective of whether they are part not; der or rule of general application to without any condition or reservation icted to the petitioners before the co ourt expressly directs that the relie tended to those who have not appro State of U.P. and others v. Arvin 1 SCC 347, the Hon’ble Apex Court has rule is that when a particula given relief by the Court, all other i sons need to be treated alike by exten doing so would amount to discrimin olative of Article 14 of the Const rinciple needs to be applied in servic tically as the service jurisprudence om time to time postulates that all

iled in a ly situated atory relief particular ties to the employees n that the ourt and ef granted oached the nd Kumar s held that: ar set of identically nding that nation and titution of ce matters evolved by l similarly

situated pers the normal similarly situ earlier, they a 22.2 However exceptions in acquiescence…

22. The present ca delays as well as acq list keeping in view (Special Provisions) permissible under t Apex Court.

23. In view of obs both the Original Ap 1434 of 2021 are a revise the impugne seniority list was iss accordance with ten view the provisions Provisions) Act, 201 applicants shall also pay scale of 9300-3 from the date on w ::29 :: O.A

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sons should be treated similarly. rule would be that merely beca uated persons did not approach are not to be treated differently. r, this principle is subject to well r n the form of laches and delays a …. ase of applicants does not suffer from quiescence. However, the revision of th the provision of Section 9 of J&K Civ Act, 2010may impact others also, the guiding principles laid down by t ervations made and the legal position pplications, viz. O.A. No. 811 of 2020 an allowed. The official respondents are ed order dated 24.08.2020, (whereby sued) to restore the seniority of the ap ntative seniority list dated 12.09.2018, s of Section 9 of J&K Civil Service

10. Further, after restoring their sen o be promoted to the rank of Amin in 34800+4200 (revised to Level-6 (3540 which their juniors as per the senio

Therefore, ause other the Court recognized as well as laches and he seniority vil Services , which is the Hon’ble discussed, nd O.A. No. directed to y the final pplicants in keeping in es (Special niority, the pre-revised 00-112400)) rity list so

revised, were prom 06.09.2021 and all c granted to the applic

24. The whole exe the date of receipt of

25. With these dir along with O.A. No. 1

26. Interim orders

27. No order as to

(Pragya Sahay Administrative

Poojasoni…

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moted vide Order No. 66 E of 2021 consequential benefits as per rules sho cants. rcise shall be completed within two m f certified copy of this order. rections, the Original Application No. 8 1434 of 2021 stand disposed of. granted earlier stand vacated. costs. Saksena)

(Sanjeev G e Member

Judicial M

1-22 dated ould also be months from

Gupta) Member