STATE TIMES NEWS
JAMMU: The Division Bench of J&K High Court comprising Justice Dhiraj Singh Thakur and Justice Sindhu Sharma stayed judgment of Central Administrative Tribunal whereby CAT quashed the final seniority list of Sub-Inspectors in Executive Wing of J&K Police issued by respondent No. 2 vide order No. PHQ order No. 2678 of 2019 dated July 12, 2019. DB, while staying judgment, observed that it was urged that seniority could have been framed on the basis of merit obtained in basic induction training course only in accordance with the aforesaid rules and that reliance placed by the Tribunal on Division Bench judgment of this court in Rohit Gupta & ors vs Ajay Kumar & ors, 2016(2) JKJ 315 was misplaced as the same pertains to prosecuting officers, which was a class apart from serving police agency (Executive Wing).DB further observed that counsel for the caveators/ private respondents, on the other hand, placed overwhelming reliance upon judgment to emphasise the point that view expressed by the Tribunal was legally justified. DB, after hearing both sides in length, further observed that it is not denied that the petitioners had undergone basic induction training course of one year before getting confirmed as direct recruits Sub Inspectors.DB, on perusal of the Rule 111(2) of Police Rules, observed that it, prima facie, appears that seniority of candidates directly appointed on same date, who were required to pass any course or departmental examination as a necessary condition of their subsequent confirmation would depend on their order of merit in such course or examination. This part of the rule cannot be easily brushed aside in application even on its plain reading. DB was of opinion that the petitioners have succeeded in making out a prima facie case, issued notice in main petition as also in application.In meantime, subject to objections and till next date of hearing, operation of the judgment and order impugned dated 9 December, 2020 shall remain stayed. Any promotions made on the basis of impugned seniority list questioned by private respondents shall remain subject to outcome of the present petition.
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